mississippi board of trustees of state institutions …extend pest control services to all current...

MISSISSIPPI

BOARD OF TRUSTEES

OF STATE

INSTITUTIONS OF HIGHER LEARNING

FINAL BOARD BOOK

February 20, 2014

1

FINAL BOARD BOOK OUTLINE

IHL Board Meeting

February 20, 2014 9:00 a.m.

IHL Boardroom Universities Center

3825 Ridgewood Road

Jackson, MS 39211

Health Affairs Committee Meeting

Immediately Following the Board Meeting

IHL Boardroom

CALL TO ORDER

PRAYER

Trustee Doug Rouse

INTRODUCTION OF GUESTS

MINUTES

January 16, 2014 Regular Board Meeting

PRESENTATIONS

Diversity Awards of Excellence in Recognition of Black History Month

2

CONSENT AGENDAS

Trustee Aubrey Patterson

FINANCE

1. SYSTEM – Request for Final Approval of Professional School Tuition Multi-Year

Rates .....................................................................................................................................1

2. MSU – Permission to Amend an Existing Lease Agreement with New Cingular Wireless

PCS, LLC .............................................................................................................................1

3. MVSU – Request for Approval of a Resolution for a Grant Application to the MS

Department of Transportation ..............................................................................................3

4. UMMC – Requests for Approval of Contractual Services Agreements

a. Passport Health Communications, Inc..... ......................................................................4

b. Indigo America, Inc.(a Wholly Owned Subsidiary of Hewlett-Packard Company) .....6

c. Henry Schein, Inc...........................................................................................................9

d. Rockwell Medical ........................................................................................................10

e. Therakos, Inc................................................................................................................12

5. USM – Permission to Replace Guarantor to Existing Lease Agreement (Release Bracco

Diagnostics, Inc. and Accept Emergent BioSolutions, Inc. ..............................................14

6. USM – GS 108-261 – School of Nursing Building – Approval to Execute the Notice of

Federal Interest (NFI) ........................................................................................................16

REAL ESTATE

Approval of Initiations of Projects/Appointments of Professionals

Bureau of Building Projects

1. JSU – GS 103-277 – Library Envelope Repairs, Design Professional – Burris Wagnon

Architects, P.A. ....................................................................................................................3

IHL Projects

2. UM – IHL 207-377 – UM Athletics Facility Improvements, Design Professional -

AECOM ...............................................................................................................................4

3. UM – IHL 207-378 – New Student Housing at Northgate, Design Professional – Cooke

Douglass Farr Lemons/Eley Guild Hardy – A Joint Venture... ...........................................6

Approval of Budget Increases and/or Changes of Scope/Funding Source(s)

IHL Projects

4. UM – IHL 207-361 – Lamar Hall Phase II-B ......................................................................7

3

Approval of Other Real Estate Requests

5. JSU – Granting of a Temporary Easement and Right-of-Way to MDOT ...........................9

6. MSU – Approval of the Exterior Design for the Alpha Delta Pi Sorority House .............10

7. MSU – Approval of the Exterior Design for the Delta Gamma Sorority House ...............11

LEGAL

1. MSU – Approval of Renewal of Legal Services Agreement with Stites & Harbison,

PLLC ....................................................................................................................................1

2. USM – Approval to Hire Bryan Nelson, P.A. as Outside Counsel .....................................1

PERSONNEL

1. Change of Status (MVSU, USM) ........................................................................................1

2. Sabbatical (MUW, UM, USM) ............................................................................................1

3. Employment (Retroactive - UM) .........................................................................................5

4. Tenure (Retroactive - UM) .................................................................................................5

REGULAR AGENDAS

ACADEMIC AFFAIRS

Trustee Ford Dye

1. SYSTEM – Approval of New Academic Programs

a. JSU – Bachelor of Science in Biomedical Engineering Degree ....................................1

b. JSU – Bachelor of Science in Statistics Degree .............................................................2

c. JSU – Doctor of Philosophy in Computational and Data-Enabled Science and

Engineering Degree .......................................................................................................3

d. JSU – Doctor of Philosophy in Engineering Degree .....................................................4

e. MSU – Doctor of Philosophy in Physics Degree...........................................................5

f. MUW – Master of Arts in Women’s Leadership Degree ..............................................6

4

FINANCE

Trustee Alan Perry

1. SYSTEM – IHL Internal Audit Charter...............................................................................1

2. MSU – Request for Approval of Authorization of a Bond Resolution to Issue Educational

Building Corporation Bonds Not to Exceed $50 Million for Construction of a Classroom

Building and Cafeteria and for Approval of Bond Documents, Bond Counsel (Jones

Walker, LLP) and Bond Counsel Fees ...............................................................................1

3. UMMC – Request for Approval of Contractual Service Agreement with TriageLogic,

LLC ......................................................................................................................................3

LEGAL

Trustee Doug Rouse

1. MUW – Approval of Nora Miller as Legislative Liaison. ...................................................1

2. MVSU – Approval of Veronica Cohen as Legislative Liaison ...........................................1

3. UMMC – Approval of Affiliation Agreement Between UMMC and Friends of Children’s

Hospital, Inc. ........................................................................................................................1

4. UMMC – Approval to Settle Tort Claim No. 1882 ...........................................................15

5. UMMC – Approval to Settle IHL Self-Insured Workers’ Compensation

Claim No. 55-34807-1 .......................................................................................................15

6. USM – Approval to Settle IHL Self-Insured Workers’ Compensation

Claim No. 55-34215-1 .......................................................................................................15

INFORMATION AGENDAS

Commissioner Hank Bounds

REAL ESTATE

SYSTEM – Real Estate Items Approved Subsequent to the January 16, 2014 Board Meeting

Alcorn State University........................................................................................................2

Jackson State University ......................................................................................................2

Mississippi State University ................................................................................................3

University of Mississippi .....................................................................................................6

University of Mississippi Medical Center ...........................................................................8

University of Southern Mississippi ......................................................................................9

5

LEGAL

1. SYSTEM – Report of Payments to Outside Counsel ..........................................................1

2. ASU – Informational Update on ASU/Claiborne Natural Gas Matter ................................3

ADMINISTRATION/POLICY

1. SYSTEM – Commissioner’s Notification of Approval .......................................................1

ADDITIONAL AGENDA ITEMS IF NECESSARY

OTHER BUSINESS/ANNOUNCEMENTS

EXECUTIVE SESSION IF DETERMINED NECESSARY

ADJOURNMENT

MISSISSIPPI

BOARD OF TRUSTEES

OF STATE

INSTITUTIONS OF HIGHER LEARNING

MINUTES FOR:

January 16, 2014 Regular Board Meeting

MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING

January 16, 2014

1

BE IT REMEMBERED, That the Mississippi Board of Trustees of State Institutions of Higher Learning of the State of Mississippi met in a regular session at the Board Office in Jackson, Mississippi, at 9:00 a.m., and pursuant to notice in writing mailed by certified letter with return receipt requested on November 26, 2013, to each and every member of said Board, said date being at least five days prior to this January 16, 2014 meeting. At the above-named place there were present the following members to wit: Mr. H. Ed Blakeslee, Mrs. Karen L. Cummins, Dr. Ford Dye, Mr. Shane Hooper, Mr. Bob Owens, Mr. Hal Parker, Mr. Aubrey B. Patterson, Mr. Alan Perry, Ms. Christine Pickering, Ms. Robin J. Robinson, Dr. Douglas Rouse, and Mr. C.D. Smith. The meeting was called to order by Mr. Bob Owens, President, and opened with prayer by Trustee Ed Blakeslee.

INTRODUCTION OF GUESTS

President Owens welcomed the Student Government Association Officers: Avery Ford, SGA President of Alcorn State University; Sydney Hodnett, SGA President for Delta State University; Derrick Jones, SGA President for Mississippi Valley State University; and Gregory Alston, SGA President of the University of Mississippi.

Mr. Bill LaForge, President of Delta State University, introduced Dr. Charles McAdams, Provost and Vice President for Academic Affairs at Delta State University.

APPROVAL OF THE MINUTES On motion by Trustee Robinson, seconded by Trustee Patterson, all Trustees legally present and participating voted unanimously to approve the Minutes of the Board meeting held on December 19, 2013.

PRESENTATIONS

The Board received an update regarding diversity initiatives on campus from Dr. James Keeton, Vice Chancellor of the University of Mississippi Medical Center


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CONSENT AGENDA On motion by Trustee Robinson, seconded by Trustee Dye, all Trustees legally present and participating voted unanimously to approve the following Consent Agenda. FINANCE

1. MSU – Approved the request to amend its online license agreement with Wiley Subscription Services, Inc. for electronic access to educational journal articles. This amendment adjusts the list of journals included in the subscription and updates the pricing to reflect the pricing for January 1, 2014- December 31, 2014. The term of the amendment is for a twelve (12) month period- January 1, 2014 through December 31, 2014. It will be retroactive to the first of January. The total cost for the one year period is $476,282.21. This amount is based on subscription costs for 156 specified journals which range in price from $0 to $28,842.54 individually for a one year subscription. The agreement will be funded by university general funds. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

2. MSU – Approved the request to enter into an agreement with Mississippi State University Research and Technology Corporation to lease 7,123 square feet of space in the Thad Cochran Research, Technology, and Economic Development Park to house the university’s Institute for Imaging and Analytical Technologies. The term of the agreement is fifteen years starting on the date the space is delivered to MSU for occupancy. The cost of the fifteen-year agreement is $3,040,452.55. The rate per square foot for each of the first five years of the agreement is $25.79. This rate will increase by 10% on each five-year anniversary date. Therefore, the rate per square foot for each of the second five years of the agreement will be $28.37 and the rate per square foot for each of the third five years of the agreement will be $31.21. The breakdown of the yearly payments and sub-term payments is included in the bound January 16, 2014 Board Working File. Funds are available from overhead and revenue generated by services. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

3. UMMC – Approved the request to increase the total expenditure amount applicable to the current contract with Beckman Coulter, Inc. for the lease of diagnostic equipment and the purchase of associated supplies. The equipment and supplies are used in the diagnosis of leukemia, treatment of immunocompromised patients and to support the University Transplant Program, which includes both bone marrow and solid organ transplants. The Board also granted retroactive approval of $174,000 of cost overages incurred during the current contract period which increases the original total contract amount from $900,000 to $1,074,000. The contract term remains at five (5) years, September 1, 2010 through August 31, 2015. The modified total estimated cost for the contract period is $2,586,226. The originally approved total contract cost


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was $900,000; however, UMMC has spent $1,074,000 to date. UMMC requested and was granted retroactive approval of $174,000 spent over the originally approved total. The request to spend additional funds is due to an unforeseen increase in patient volume. The agreement will be funded by patient revenues. No additional approval of this modification by the Attorney General’s Office is required. The agreement is on file in the Board Office.

4. UMMC – Approved the request to amend its contract with Central Parking System of Mississippi, LLC for parking management services. The purpose of the amendment is to incorporate the Pavilion Parking Lot into those parking facilities on the UMMC main campus which are covered by the current Management Agreement. The term of the amendment becomes effective February 1, 2014 and continues through the original contract end date of October 31, 2017. The cost associated with the amendment is $141,610.58. As a result this amendment, the total estimated contract cost is increased from $2,543,925.51 to $2,685,536.09. The agreement will be funded by General Funds. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

5. UMMC – Approved the request to amend its agreement with Magnolia Exterminating, LLC to extend pest control services to all current UMMC locations in the Jackson area. Also, it is anticipated that services will extend to space currently leased by University Physicians that will be leased by UMMC in the future. The term of the amendment becomes effective February 1, 2014 and continues through the original contract end date of August 31, 2018. The amendment will increase the service cost by $326 per month or a total of $17,930 for current and prospective local UMMC locations for the remainder of the contract period. As a result of this amendment, the overall contract cost will increase from $869,760.00 to $887,690. The current agreement is funded by patient revenues. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

6. UMMC – Approved the request to enter into an agreement with Morris & Dickson Corp., LLC and Novation Distribution for the provision of pharmaceutical wholesale distribution services. This is an amendment to an agreement between UMMC, Novation and Morris & Dickson which was approved by the Board in February 2013 for a term of twenty-six (26) months for a total cost of $102,686,350. The current agreement provides UMMC with pharmaceutical wholesale distribution services whereby wholesale priced medications are supplied to UMMC’s in-house pharmacies for dispensing throughout the institution. The services will be provided at UMMC locations in the Jackson area as well as the Lexington, MS location. By purchasing pharmaceuticals in this manner, UMMC does not have to contract with numerous drug manufacturers or maintain its own supply warehouse and distribution staff. The proposed amendment will extend the provision of pharmaceutical wholesale distribution services to the UMMC-Grenada location. The term of the amendment becomes effective February 1, 2014 and continues through the original contract end date of April 30, 2015. The amendment will increase


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the estimated monthly cost $3,959,475 per month for an estimated total contract cost of $102,836,350. This is an increase of $10,000 monthly or $150,000 to the original estimated total cost. The estimated additional costs are based upon historical costs for UMMC-Grenada. Subject to the terms of the original agreement, UMMC is required to maintain a minimum quarterly aggregate net purchase volume of ten million dollars or a total of $85 million for the contract period. The required purchase volume amount will not increase as a result of this amendment. The agreement will be funded by patient revenues. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

REAL ESTATE

7. UM – Approved the initiation of IHL 207-376, STEM Building, and the appointment of the design professional using the “Request for Qualifications” process. The university intends to construct a new multi-story Science, Technology, Engineering & Mathematics (STEM) Building in or near the Science District on Campus to accommodate growing demand. The project professional will assist the university in determining the project scope, site, and budget; and finally produce design/construction documents for the scope determined. The university will submit a subsequent Board Item to confirm the professional after the Selection Process and to increase the budget as required to reflect the established scope of work. The estimated project budget is $2 million. Funds are available from internal R&R ($2 million).

8. UMMC – Approved the initiation of IHL 209-549, Hospital Main Lab Serology & Virology Renovations, and the appointment of Foil Wyatt Architects & Planners, LLC as the design professional. The project will provide for a general renovation and upgrade of approximately 3,200 gross square feet of laboratory space in order to comply with CAP inspection recommendations. The existing Serology & Virology Lab Function space is inadequate and inefficient. Adjacent Blood Lab space is being/has been relocated to provide for the needed expansion and rearrangement of services. General construction, plumbing, HVAC and electrical upgrades to services will be involved along with new Laboratory casework and equipment upgrades. The proposed project budget is $1,720,000. Funds are available from UMMC SSA-Building Improvement funds ($1,720,000).

9. UMMC – Approved the initiation of IHL 209-550, Wiser Women’s Urgent Care Renovations, and the appointment of The McCarty Company Design Group, P.A. as the design professional. The project will involve of the complete renovation of an existing out-patient Women’s Emergency Unit located on the ground floor within the UMMC Wiser Women’s Hospital. The renovation will consists of approximately 4,800 gross square feet. The project will bring the new treatment area up to current standards and trends and will contain a check in/waiting area, 8 Patient Rooms, 2 fast track treatment rooms, storage and other ancillary


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spaces. The proposed project budget is $1,682,000. Funds are available from UMMC SSA-Building Improvement funds ($1,682,000).

10. MSU – Approved the request to increase the budget for the GS 105-345, Classroom Building with Parking, from $37,509,471.00 to $ 41,314,339.00, an increase of $3,804,868.00. The Board also approved the request to add Commercial Paper as a possible funding source to the project pending approval by the Finance Committee at the February 20, 2014 Board Meeting and to break the remaining project up into additional phases of work. The project is currently in the construction phase. This is the second budget escalation/change request made for this project by the university. The budget increase will cover instructional technology, furnishings and equipment, and landscaping. The additional phases to be added to the project for bidding purposes include GS# 105-345 GC03 Classroom Building with Parking ITS; GS# 105-345 GC04 Classroom Building with Parking Furnishings and Equipment; and GS# 105-345 GC05 Classroom Building with Parking Landscaping. The project will construct a 150,000-square foot classroom/parking facility on the north side of the YMCA Building to include three levels of classroom areas consisting of approximately 90,000 square feet and two levels of parking consisting of approximately 60,000 square feet. Funds are available from SB 3100, Laws of 2011 ($11,834,841.25); EBC Bonds, University Funds; and Commercial Paper ($29,479,497.75). The Commercial Paper is contingent upon approval by the Board at February 20, 2014 Board Meeting.

11. MSU – Approved the request to reduce the size of Lot 3 by approximately 4,300 square feet as part of the development of the Mill Development at MSU Conference Center. The approximately 4,300 square feet will be added to Lot 1 which the university already owns. Averaging the two appraisals, the sales price for this property was $13.62 per square foot. The Board approved reducing the sales price of Lot 3 by $58,500, making the total sales price of Lot 3 $676,500. The Board approved the request to reduce the size of Lot 2 by approximately 21,780 square feet. The approximately 21,780 square feet will now be retained by the university for the purpose of future road construction. The sale price for Lot 2 will remain the same as approved in October 2013. The total sales price will be $1,696,500 for all three pieces of property being sold. The terms of the agreement did not change from the original terms approved by the Board of Trustees at the October 2013 Board meeting. The terms of the agreement are for the sale of 3 parcels of land noted above. The hotel parcel (Lot 2) was scheduled to close on or before November 30, 2013 however MSU has not closed on the property yet. The two outparcels (Parcel 2 and Lot 3) must close on or before April 30, 2014. MSU does have the option to grant up to a six month extension for the sale of any parcel upon good cause shown. Cooley Center, LLC shall have the option not to purchase the property if it is not satisfied with the inspections or if it is unable to obtain the necessary approvals to develop a hotel on the property. Should Cooley Center Hotel, LLC or Russell Street Development, LLC fail to develop the property as


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agreed to or fail to adhere to the terms of the Master Lease Agreement regarding the Cooley Building, MSU shall have the right to repurchase the property for the purchase price as well as any actual costs incurred in construction less $25,000 or for the average of two appraisals, whichever is less. Mississippi State University received two independent property appraisals for the property. The first appraisal of the property reflected a total property value of $1,430,000. The second appraisal of the property reflected a total property value of $2,080,000. The university is selling the Hotel property (1.13 acres known as Lot 2) to Cooley Center Hotel, LLC for $665,000.00 and the Outparcels (Parcel 2 and Lot 3) to Russell Street Development for $1,090,000.00. The sale price of the Outparcels is broken down as follows: $355,000 for the 0.59 acres (Parcel 2) + $676,500 for the 1.19 acres (Lot 3). The total sale price for all 3 pieces of property is $1,696,500 which is the average of the two appraisals and complies with Board Policy for the sale of property. A Phase I Environmental Site Assessment (ESA) is not required for the sale of property. A copy of the property description and all legal documentation are on file with the Office of Real Estate and Facilities. The Attorney General’s Office has reviewed and approved this item.

12. UMMC – Approved the request to sole source the chiller controls portion of IHL 209-548, School of Medicine Utilities, as an extension of the existing Boiler Plant Johnson Controls System. An allowance of $230,000.00 is provided within the construction project contract. The $230,000 figure is 10% of the estimated value ($2,300,000). The estimated project budget is $10 million. Funds are available from MDA/CDBG #R-103-950-01-KED ($10,000,000). The Attorney General’s Office has reviewed and approved this item.

13. USM – Approved the request to purchase a residential property located at 3403 Morningside Drive, Hattiesburg, Mississippi adjacent to the Hattiesburg campus in Forrest County, Mississippi from Antonio Rodriguez-Buckingham and Sue Anne Rodriguez in the amount of $110,500. The property consists of a single family residence located on 0.266 acres and was built in 1960 with +/- 1,858 square feet of living area. This particular property is located close to the university campus and within the university’s primary land acquisition zone. The university is purchasing the property for $110,500 which is the average of two independent property appraisals. The university also has a tentative closing date of on or before February 4, 2014 or upon an earlier or later date as agreed upon by both parties. A Phase I Environmental Site Assessment (ESA) has been conducted on the property. No recognized environmental conditions are evident at the subject property. The EDR report listed no regulatory findings for the subject property. Additionally the site inspection found no recognized environmental conditions. A copy of the property description and all legal documentation are on file with the Office of Real Estate and Facilities. The Attorney General’s Office has reviewed and approved this item.


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14. USM – Contingent upon submission to the Office of the Attorney General of copies of the final executed sales contract and independent bank appraisal for each such property, the Board approved the request to sell eighteen (18) residential properties which have been purchased, almost completely rehabilitated, and are ready to sell on or before January 1, 2014 in accordance with H.B. 977, Laws of 2010 Regular Session. See Exhibit 1 for the property descriptions. USM received a Neighborhood Stabilization Program Subgrant from the Mississippi Development Authority (MDA) on July 13, 2009 in the amount of $3,566,726 for the purpose of buying foreclosed homes in the City of Jackson, Mississippi, rehabilitating those homes, and reselling these homes to low income and very low income citizens. The university purchased forty-seven homes under this grant, has completely rehabilitated twenty-nine (29) of the homes and has started selling these homes to low income buyers in accordance with the terms and conditions spelled out in the IHL Board Approval for the sale of the homes at the June 20, 2013 Board meeting. This approval stated that the university could sell the homes at the lenders certified appraisal price provided that the university submitted final sales contracts and independent bank appraisals for each home to the Office of the Attorney General. The remaining eighteen (18) homes will be completely rehabilitated on or before January 1, 2014 and will be ready for marketing at that time. All funds received by the university as a result of future sales will be submitted to MDA, and thereafter, MDA will reimburse the university for all acquisition, rehabilitation, marketing, and sales costs.

LEGAL

15. UM – Pending Approval by the Attorney General’s Office, the Board approved the amendment to the contract with Ware/Gasparian, Attorneys at Law, for immigration law services. The current contract is capped at $20,000 for the year. The amendment will raise the maximum amount payable during the contract year to $75,000 and have the contract expire one year from the date of approval of this amendment by the Board. The increased amount is requested so that Ware/Gasparian may process permanent residency applications, a process that has become increasingly complex. All other terms of the contract will remain the same. The fees (as previously approved) are listed below: Schedule of Legal Fees for Academia Nonimmigrant Petitions and Processes

H-1B $1,500

H-1B extension or amendment petitions $1,000

TN petition or border/consulate processing $1,500

TN extension petition $1,000

E-3 petition or consular processing $1,500


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E-3 extension petition $1,000

O-1 petition $4,000

O-1 extension or amendment petition $1,500

Change of status or extension of status of dependents (I-539) no additional charge

J-1 waiver (IGA or hardship) $6,000

J-1 waiver (Conrad) $6,000

Permanent Residence Process with Labor Certification: Faculty

$2,000 “Special Handling” labor certification (must be paid by University*) $2500 if position must be re-advertised

$1,000 Additional fee if audited

$2,500 Immigrant petition

$1,500 Adjustment of status and related applications (I-765, I-131, etc.) by employee

$750 Adjustment of status and related applications each spouse or child

*U.S. Dept. of Labor requires employers to pay all costs associated with labor certification, including legal fees and advertising costs; employees may pay other fee Permanent Residence Process with Labor Certification: Non-Faculty

$3,000-$4,000

Labor certification (must be paid by University*). Exact fee depends on difficulty of case.

$1,500 Additional fee if audited

$2,500 Additional fee if subject to supervised recruitment


$1,500 Adjustment of status and related applications (I-765, I-131, etc.) by employee


*U.S. Dept. of Labor requires employers to pay all costs associated with labor certification, including legal fees and advertising costs; employees may pay other fees


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Permanent Residence Process: Outstanding Professors and Researchers


$1,500 Adjustment of status and related applications by employee


Since labor certification is not required, employees may pay all fees Permanent Residence Process: National Interest Waiver


$1,500 Adjustment of status and related applications by employee


Since labor certification is not required, employees may pay all fees Employee’s legal fees in all cases may be paid in monthly installments, to be arranged with attorney.

16. UMMC – Approved the request to contract with James Mingee d/b/a The Mark It Place with C. Paige Herring to provide legal services as trademark and copyright counsel and Austin Bonderer to provide related intellectual property representation. The term of the contract is from February 2, 2014 through January 31, 2015. The contract rate is $145 per hour or $1200 per trademark prosecution and $200 per hour for intellectual property representation up to the do not exceed amount of $30,000. Either party may terminate on thirty (30) days’ notice. The Attorney General has approved this request.

17. PERSONNEL REPORT

EMPLOYMENT Alcorn State University (Hired with tenure – also reported under Tenure Section below.)

Yolanda Powell-Young; Dean, School of Nursing and Professor, School of Nursing; hire with tenure; salary of $138,000 per annum, pro rata; E&G funds; effective January 2, 2014

Adetokunbo E. Oredein; Assistant Vice-President for Enrollment Management; salary of $59,000 per annum, pro rata; E&G funds; effective December 2, 2013

Mississippi Valley State University

Jerryl Briggs; Chief Operating Officer and Executive Vice President; salary of $140,000 per annum, pro rata; E&G funds; effective December 2, 2013

Kevin Williams; Associate Vice President for Enrollment Management; salary of $95,000 per annum, pro rata; E&G funds; effective January 6, 2014


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TENURE Alcorn State University (Twelve-month contracts with an effective date of January 2, 2014.)

Yolanda Powell-Young; Dean, School of Nursing and Professor, School of Nursing (New hire with tenure)

SABBATICAL University of Mississippi Medical Center

Dirk Dhossche, Professor of Philosophy, from salary of $247,000 per annum, pro rata; E&G Funds; to salary of $110,322 for sabbatical period; E&G Funds; effective February 1, 2014 to March 31, 2014; professional development

EMERITUS STATUS University of Mississippi Medical Center (Effective January 2014)

Larry Breeding, D.M.D.; Professor Emeritus of Care Planning and Restorative Sciences, School of Dentistry

Karen Crews, D.M.D.; Professor Emeritus of Oral and Maxillofacial Surgery and Pathology, School of Dentistry


18. MUW – Approved the request to bestow one honorary degree at its May 2014 commencement ceremony. Supporting documents are on file in the Board Office.

19. System – Approved the appointment of Dr. William Bynum to the Education Achievement Council. The Education Achievement Council was established by the Mississippi Legislature for the purpose of sustaining attention to the goal of increasing the educational attainment and skill level of the state’s working population to the national average by 2025. The EAC includes twenty-three members who represent education stakeholders from K-12, community colleges, universities, Legislators, state agencies and the business community. The statute (37-163-1) calls for the Board of Trustees to appoint three University Presidents, one of whom must be from an HBU, to serve on the Council. Currently Dr. Jim Borsig, President of the Mississippi University for Women, and Dr. Rodney Bennett, President of the University of Southern


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Mississippi, serve on the Council. The appointment of Dr. William Bynum will fill the vacancy left by the resignation of Dr. Donna Oliver. There is no length of term in the statute.

FINANCE AGENDA Presented by Trustee Alan Perry, Chair

On motion by Trustee Perry, seconded by Trustee Robinson, all Trustees legally present and participating voted unanimously to approve agenda item #1 as submitted on the Finance Agenda. On motion by Trustee Perry, seconded by Trustee Robinson, all Trustees legally present and participating voted unanimously to approve agenda items #2-#5. On motion by Trustee Rouse, seconded by Trustee Robinson, all Trustees legally present and participating voted unanimously to approve agenda item #6. On motion by Trustee Dye, seconded by Trustee Robinson, all Trustees legally present and participating voted unanimously to approve agenda item #7.

1. System – Approved the proposed multi-year tuition rate for resident and non-resident students effective for years 2015-2017 for the professional schools at the University of Mississippi Medical Center and Mississippi State University for first approval. (See Exhibit 2.) In compliance with Board Policy 702.04 (C) Consideration of Request, the Board will have a thirty-day review prior to final approval of the tuition rates.

2. MSU – Approved the request to amend the lease with Cooley Center, LLC. to extend the lease term of the Cooley Building from 41 years to 55 years and to modify the property description of Lot 1 in include additional property. As originally approved at the October 2013 Board meeting, MSU will lease the Cooley Building to Cooley Center, LLC for the purpose of renovating the Cooley Building to the university’s approved specifications. The renovated building will consist of 72,000 usable square feet of which approximately 22,000 will be developed into a conference center and operated by Cooley Center Hotel, LLC; 36,000 will be leased back to the university for office space; and, 14,000 will be available for other university approved subleases. The amended contract provides for three contract terms: a construction term, an initial term, and optional terms. The construction term is for up to two years in order to provide Cooley Center, LLC with access to complete renovations of the Cooley Building. The initial term will begin upon expiration of the construction term and continue for 55 years, potentially ending in 2069 or 2070. There are also two optional terms of five years. The optional terms, if exercised, will potentially extend the contract through 2079 or 2080. As originally approved at the October 2013 Board meeting, the initial term was for 41 years and begins upon expiration of the construction term with optional terms providing for two 5-year extensions of the lease agreement after the expiration of the initial term. The amended contract provides for the following rent payments from Cooley Center, LLC to the university. There will be no rent paid during the


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construction term. All other terms will be at a rate of $100,000 per year. During the amended initial term, MSU will receive $5.5 million over 55 year and $6.5 million over 65 years if the optional terms are exercised. As originally approved at the October 2013 Board meeting, during the initial term, Cooley Center, LLC would pay the university $100,000 per year for a total of $4.1 million. Should the optional terms be exercised, Cooley Center, LLC would pay an additional $100,000 per year for a maximum contract payment of $5.1 million over 51 years. The contract which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

3. MSU – Approved the request to amend the lease agreement with the Cooley Center, LLC to reflect its new name Cooley Center Master Tenant, LLC. MSU will lease approximately 36,000 square feet in the Cooley Building for use as office space by the university. The contract provides for two term types: an initial term and optional terms. The initial term is for 15 years. In addition, there are 4 optional terms of 5 years and a final optional term of 6 years for a total potential term of 41 years including all optional terms. The proposed leaseback provides for

Leaseback Year Price Per

Square Foot Total Payment

1 through 5 $ 23.53 $ 4,235,400

6 through 10 25.88 4,658,400

11 through 15 28.46 5,122,800

16 through 20 (optional term) 31.30 5,634,000





Total $ 50,056,560

Funds are available from E&G funds. The contract which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

4. MSU – Approved the request to amend the lease agreement with Cooley Center Hotel, LLC. by changing the lease term for the bottom floor of the parking garage from 41 year to 55 years. The amended contract will be for a term of 55 years. There is also an optional 55 year term which can be exercised at the end of the term for a potential cumulative lease term of 110 years. The agreement would potentially end in the year 2124 or 2125 if the optional term is exercised. As originally approved by the Board in October 2013, the original contract term ran for 41 years and had a provision for an optional, additional 41 year term. The university will receive payment of one-fourth of the operations and maintenance costs of the parking garage for years 1 through 15. Beginning in lease year 16, the university will receive an annual fee of $15,155 for a five year period. The annual fee will be escalated by 10 percent each five years thereafter for a total fee


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received of $584,620. The university will continue to receive one-fourth of the maintenance and operation costs. Maintenance costs include electricity, water, sewer, landscaping, lawn care, janitorial, exterior maintenance, structural maintenance, and elevator maintenance. As originally approved by the Board in October 2013, the agreement provided for fees of $487,000 through 41 years. A breakdown of the operation and maintenance fees is included in the bound January 16, 2014 Board Working File. The contract which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

5. MSU – Approved the request to enter into a Purchase Option Agreement with the MSU Foundation for the MSU Foundation to purchase the Cooley Building from MSU in approximately eighteen (18) months if legislation is not passed authorizing the fifty-five (55) year lease of the building to the developer. This agreement will provide project lenders assurance that the ground lease of the Cooley Building will be for the agreed upon term in light of the uncertainty created by the binding successor doctrine. The MSU Foundation will have the right to purchase the Cooley Building if legislation is not passed that eliminates the right of MSU to terminate the lease based on the binding successor doctrine within eighteen (18) months of the closing date. Should legislation be passed within eighteen (18) months of the closing date, the Purchase Option Agreement that eliminates the right of MSU to terminate the lease based on the binding successor doctrine will terminate. The university would sell the Cooley Building property (3.33 acres) to the MSU Foundation for the average of the two appraisals or $700,000.00 whichever is greater. A Phase I Environmental Site Assessment (ESA) is not required for the sale of property. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

6. UM – Approved the request to enter into a contract with SODEXO Operations, LLC for Student Housing Custodial Services. The contractor shall provide all management, supervision, labor, materials, transportation, equipment, scheduling, and coordination required performing complete custodial services for all student housing facilities. UM Student Housing premises to be covered under this agreement consist of 1.52 million GSF of office, classrooms, break areas, halls, corridors, lavatories, and other common use areas. Custodial service to approximately 16 facilities is included in this agreement. The contractor shall provide services 7 days per week, 52 weeks per year. The initial contract period is not to exceed 60 months (5 years) beginning March 1, 2014 and ending on February 28, 2019. The university reserves the right to extend the contract for additional 5 year periods if both parties are in agreement, subject to State of Mississippi and IHL Board approval. The agreement states that UM will pay Sodexo a total of $2,095,454 each year of the contract. Total contract fees will equal $10,477,270 for the 5-year contract length. Under terms of their proposal Sodexo has agreed to make a $50,000 capital investment to modify and possibly expand the current office and storage areas utilized by the vendor on campus. UM will own the investment. Funds are available from Student Housing funds (auxiliary). The


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agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

7. UMMC – Approved the request to enter into an agreement with Medtronic USA, Inc. for the purchase of Cardiac Rhythm Disease Management (CRDM) devices and associated implementation products. This agreement will secure discounted pricing for the as needed purchase of cardiac resynchronization devices and implementation supplies to be used by UMMC Electrophysiologists to treat patients with cardiac rhythm management issues. The term of the agreement is for two (2) years beginning on or about February 1, 2014 through January 30, 2016. The total estimated contract cost for the two (2) year term is $10,000,000; however, products will be purchased only on an “as needed” basis with no minimum purchase required. The estimated contract cost is based historical numbers plus a contingency to cover an anticipated 50% increase in the number of products purchased due to increasing patient volume. The agreement will be funded by patient revenues. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

LEGAL AGENDA Presented by Trustee Doug Rouse, Chair

Agenda item #1 was pulled from the agenda. On motion by Trustee Rouse, seconded by Trustee Robinson, all Trustees legally present and participating voted unanimously to move agenda item #2 as submitted on the Legal Agenda to the Executive Session Agenda.

1. UMMC – Request to enter into an Affiliation Agreement with Friends of Children’s Hospital, Inc. (Friends) in accordance with Board Policy 301.0806 University Foundation/Affiliated Entity Activities. The term of the agreement will be from February 1, 2014 to February 1, 2019. A copy of the proposed agreement is included in the bound January 16, 2014 Board Working File. (THIS ITEM WAS PULLED FROM THE AGENDA.)

2. UMMC – Settlement of the Tort Claim No. 1808 styled as Greg Gabriel vs. UMMC, et al. (THIS ITEM WAS MOVED TO THE EXECUTIVE SESSION AGENDA.)

ADMINISTRATION/POLICY AGENDA Presented by Commissioner Hank M. Bounds

Agenda item #1 was handled as shown below. Prior to the Board taking up item #2 below, Trustees Hooper, Parker, Patterson, Perry and Pickering recused themselves from voting by leaving the room before there was any discussion or a vote regarding same. After Trustees Hooper, Parker, Patterson,


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Perry and Pickering left the room, on motion by Trustee Blakeslee, seconded by Trustee Smith, all remaining Trustees legally present and participating voted unanimously to approve agenda item #2 as submitted on the Administration/Policy Agenda.

1. Election of Vice President of the Board of Trustees for the term beginning February 1, 2014 and ending December 31, 2014. President Owens opened the floor for nominations for the office of Vice President of the Board. Trustee Rouse nominated Trustee Alan Perry. There being no further nominations, the nominations were closed. On motion by Trustee Robinson, seconded by Trustee Pickering, all Trustees legally present and participating voted in the affirmative, therefore, it was

RESOLVED, that Trustee Alan Perry was elected as Vice President of the Board for a term, beginning February 1, 2014.

On motion by Trustee Smith, seconded by Trustee Robinson, all Trustees legally present and participating voted unanimously to suspend Board Bylaw 301.01 Officers of the Board pursuant to Bylaw 301.0510 Meeting Rules of Order subsection (d) Motion to Suspend Policies, Bylaws or Rules and to approve the length of office of Trustee Aubrey Patterson as the next IHL Board President to expire on May 7, 2015 and the term of the trustee elected to serve as the President following the term of Trustee Patterson shall be for one year.

2. System – Approved for final reading and adoption of the proposed amendments to Board Policy 906 Educational Building Corporations and waived the part of Policy 201.0302 Procedures for Changing Board Policies and Adopting New Policies which requires any new policies or revisions introduced for the first time to be adopted at a subsequent meeting. 906 EDUCATIONAL BUILDING CORPORATIONS

Miss. Code Ann., Section 37-101-61, (1972), as amended, grants the state institutions of higher learning the authority to form nonprofit corporations for the purpose of acquiring or constructing facilities for use by the institution. These educational building corporations are granted the authority to issue bonds or other forms of debt obligations (if required for the type of debt to be issued) for the construction and renovation of facilities.

Prior to Board consideration of an institution’s request to issue debt by the educational building corporation, Board staff, in conjunction with institutional staff, must select a financial advisor(s) to represent the interests of the Board, the educational building corporation and the institution to provide the Board with an independent analysis of the institution’s financial condition, to verify that proposed revenue stream(s) are sufficient to repay the debt service and to recommend the project’s viability. If the educational building corporation will issue commercial paper, the financial advisor shall also calculate an opinion of the breakeven interest rate to long term bonds to justify the use of commercial paper. The


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financial advisor(s) shall meet such qualifications and perform such services as may be prescribed by the institution, the Board or its staff.

Payment to the financial advisor(s) shall be made by the institution, or the institution’s educational building corporation, without regard for whether the Board approves the construction or renovation or whether the institution or educational building corporation constructs the project.

The institution shall submit the report of the financial advisor(s) and the request for a project initiation to the Board for approval. The request must state the institution’s intent, justify the need for the project and give an estimate of the total construction budget. The request must also include naming the design professionals, bond counsel and underwriter the senior underwriter(s) selected by the board of the educational building corporation.

Any selection of a financial institution to serve as trustee under a trust indenture, as escrow agent under an escrow agreement, or as a lender to an educational building corporation, either directly or through the purchase of obligations of the educational building corporation, shall be made by the educational building corporation in its sole discretion and shall not be subject to approval by the Board. Following the Board’s approval of the project initiation, the institution shall return to the Board at a subsequent meeting and present a resolution for Board approval granting permission for issuing bonds or other forms of debt obligations for the specific project and for approval of the following documents to which the Board will be a party: the lease, the ground lease, the preliminary official statement (if required for the type of debt to be issued), the trust indenture, and the continuing disclosure agreement (if required for the type of debt to be issued) and the bond purchase agreement or dealer agreement, as applicable. The resolution also grants permission for the documents to be executed. In no case shall the educational building corporation issue bonds or other forms of debt obligations without specific approval of the debt obligations from the Board for specific projects. Unless the Board approves otherwise, obligations shall be offered and sold through a competitive sale process or, alternatively, on a negotiated basis to an underwriter, in the case of bonds, or a dealer, in the case of commercial paper. Prior to the approval of the resolution by the Board, the educational building corporation should submit to the Board staff, for informational purposes only, the form of any documents to be entered into by the educational building corporation in connection with the issuance of bonds or other debt, but to which the Board is not a party.

INFORMATION AGENDA Presented by Commissioner Hank M. Bounds

REAL ESTATE

1. System – The Board received the Real Estate items that were approved by the Board staff subsequent to the November 21, 2013 Board meeting in accordance with Board Policy 904 Board Approval. (See Exhibit 3.)


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LEGAL

2. System – The Board received a report of the payment of legal fees to outside counsel. (See Exhibit 4.)


3. ASU - At the December 19, 2013 Board meeting, the Board delegated to the Commissioner the authority to appoint an individual to serve as acting President of Alcorn State University and to require any such appointment to be reported to the Board as an information item on the January 2014 Board agenda. In accordance with the above authority, the Commissioner appointed Dr. Norris Edney to serve as acting President of Alcorn State University at the rate of $192,937.50 per year and with an effective date of December 20, 2013 through such time as a permanent President is chosen and begins work.

4. System – The following items have been approved by the Commissioner on behalf of the Board and are available for inspection at the Board Office.

a. MSU - In accordance with Board Policy 707.01 Land, Property, and Service Contracts, “The Commissioner is authorized and empowered to approve non-oil, gas and mineral leases in an amount equal to or less than $100,000.” On November 22, 2013, the Commissioner approved the request to enter into a lease with Coblentz Properties, LLC (Coblentz). This agreement is for the lease of approximately 2,500 square feet of office space in Starkville, MS to be used by the Mississippi Migrant Education Center, a service institute affiliated with MSU. Comparable office space located on-campus at MSU could be not secured; therefore, an off-campus site was secured. The lease will run for an initial twelve (12) month period. The parties may extend the agreement for up to two additional twelve (12) month periods provided adequate funding is available. MSU will pay $1,950 per month for the lease of the space or, a total of $70,200 for a three (3) year lease term. This agreement is funded externally by the Mississippi Department of Education with USDE Migrant Education federal funds. The Executive Office legal staff have reviewed and approved the contract documents.

b. MSU - In accordance with Board Policy 707.01 Land, Property, and Service Contracts, “The Commissioner is authorized and empowered to approve non-oil, gas and mineral leases in an amount equal to or less than $100,000.” On December 2, 2013, the Commissioner approved the request to enter into a lease agreement with the Mississippi State University Foundation, Inc. (Foundation/Lessee). This agreement is for the lease of the Kress Building located in Meridian, Mississippi. Lessee plans to renovate the premises which then will be used by MSU to house its newly implemented Kinesiology program. The lease term will run for a period of twelve (12) months or until completion


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of improvements, whichever occurs first. In lieu of payment of rent, Lessee will renovate and/or improve the leased property. The Executive Office legal staff have reviewed and approved the contract documents.

c. MSU - In accordance with Board Policy 707.01 Land, Property, and Service Contracts, “The Commissioner is authorized and empowered to approve non-oil, gas and mineral leases in an amount equal to or less than $100,000.” On December 18, 2013, the Commissioner approved the request by MSU on behalf of the High Performance Computing Collaboratory to enter into a revenue generating lease with the State of Mississippi, Military Department (State) on behalf of the Mississippi National Guard. This agreement is for the lease of approximately 843 square feet of office space located in the MSU High Performance Computing Building. The lease will run for an initial twelve (12) month period. The State may extend the agreement for up to two additional twelve (12) month periods upon sixty (60) days written notice prior to the then current lease term. In return for the lease of the designated space, MSU will receive an annual rent payment of $1.00 per year and the ability to operate a secure compartmented intelligence facility due to the continuous on-site presence of the Mississippi National Guard. The Executive Office legal staff have reviewed and approved the contract documents.

d. UM - In accordance with Board Policy 707.01 Land, Property, and Service Contracts, “The Commissioner is authorized and empowered to approve non-oil, gas and mineral leases in an amount equal to or less than $100,000.” On December 19, 2013, the Commissioner approved the request by the University of Mississippi Research Foundation (UM) operating as Insight Park to enter into a revenue generating lease agreement with the University of Mississippi School of Education – Child Advocacy & Play Therapy Institute (Institute). The lease was reviewed and approved by the Real Property Management division of the Mississippi Department of Finance and Administration. The agreement is for the lease of approximately 3,561 square feet of meeting, office and instructional space at Insight Park as space is not readily available in Guyton Hall where the School of Education is located. The Institute will use the space to provide training and development. The lease term is for a twelve (12) month period that will commence upon receipt of approval by the Commissioner. UM will receive $5,638.25 monthly for the lease of the space. The total revenue generated for the twelve (12) month lease will be $67,659. The university, as Lessor, will provide utilities for the premises. The agreement is funded through the collection of fees and financial donations. The Executive Office legal staff have reviewed and approved the contract documents.


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e. UMMC - In accordance with Board Policy 707.01 Land, Property, and Service Contracts, “The Commissioner is authorized and empowered to approve non-oil, gas and mineral leases in an amount equal to or less than $100,000.” On November 22, 2013, the Commissioner approved the request to enter into a new lease agreement with Memorial Hospital at Gulfport. (As background, UMMC currently leases space at Memorial for a pediatric subspecialty clinic.) The agreement is for the lease of approximately 476 square feet of medically equipped and furnished clinical space at Gulfport Memorial Physician Clinics. The area will be used by UMMC physicians who specialize in the field of transplant services for the provision of care to patients in this area of the State. UMMC physicians will be on-site one (1) day per month for patient consultation and supervision. The lease term will run for a five (5) year period, December 1, 2013 through November 30, 2018. For the monthly use of the premises and salaries for the part-time services of clerical and clinical personnel, UMMC will pay $524.28 each month. The total cost for the lease term is $31,456.80. Memorial, as Lessor, will provide utilities, and, maintenance for the building, grounds and parking lot. The Executive Office legal staff have reviewed and approved the contract documents.

f. USM - In accordance with Board Policy 707.01 Land, Property, and Service Contracts, “The Commissioner is authorized and empowered to approve non-oil, gas and mineral leases in an amount equal to or less than $100,000.” On November 22, 2013, the Commissioner approved the request to enter into a revenue generating lease agreement with InControl Enterprise Dynamics, Inc. (Lessee), a Michigan corporation. This agreement is for the lease of approximately 90 square feet of office space in the Trent Lott National Center for Economic Development and Entrepreneurship. The proposed area is to be used as office space for Lessee’s staff while engaged in a research partnership with USM. The lease term will run for an initial one (1) year period beginning on the date the agreement is signed and will be extended for up to three additional one (1) year terms unless written notice of termination is given by either party at least sixty (60) days prior to the end of the then current lease term. In return for the lease of the designated space, USM will receive an annual rent payment of $1,800 or, a total of $7,200 for the four (4) year lease term. The university, as Lessor, will provide utilities, janitorial services and routine maintenance services for the premises. The Executive Office legal staff have reviewed and approved the contract documents.

g. SYSTEM – In accordance with Board Policy 401.0103 Salaries and Compensation, each institution is required to submit an annual report of the additional compensation paid to selected employees. Additional compensation includes any institutional pay outside of an employee’s regular contract rate. This could include additional pay for items such as teaching overloads, performing additional duties, athletic camp service, etc. On


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November 14, 2013, the Commissioner approved the submitted report. The Executive Office financial staff has reviewed and approved the institutions’ submissions. A copy of the report will be maintained in the IHL Department of Finance and Administration for review.

ANNOUNCEMENTS

President Owens noted that the next Board meeting will be February 20th in Jackson and the Health Affairs Committee will commence immediately following the board meeting today.

President Owens passed the gavel to President-Elect Aubrey Patterson. Trustee Patterson will begin his tenure as president on February 1, 2014. Trustee Patterson presented President Owens with a plaque commemorating his service to the Board as its President.

EXECUTIVE SESSION On motion by Trustee Perry, seconded by Trustee Hooper, all Trustees legally present and participating voted unanimously to close the meeting to determine whether or not is should declare an Executive Session. On motion by Trustee Perry, seconded by Trustee Hooper, with Trustees Pickering and Smith absent and not voting, all Trustees legally present and participating voted unanimously to go into Executive Session for the reasons reported to the public and stated in these minutes, as follows: Discussion of litigation matter at one state university; Discussion of a prospective litigation matter at one state university; and Discussion of two state university personnel matters and one IHL Board Office personnel matter. During Executive Session, the following matters were discussed and/or voted upon: On motion by Trustee Hooper, seconded by Trustee Dye, all Trustees legally present and participating voted unanimously to approve the settlement of UMMC Tort Claim No. 1808 styled as Greg Gabriel vs. UMMC, et al., as recommended by counsel. The Board discussed a prospective litigation matter at one state university. The Board discussed two state university personnel matters and one IHL Board Office personnel matter.


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On motion by Trustee Perry, seconded by Trustee Hooper, all Trustees legally present and participating voted unanimously to return to Open Session. On motion by Trustee Perry, seconded by Trustee Smith, all Trustees legally present and participating voted unanimously to approve the committee appointments for February 1, 2014 – May 7, 2015 as follows:

STANDING COMMITTEES Academic Affairs

1. Ford Dye, Chair 2. Ed Blakeslee 3. Shane Hooper 4. Robin Robinson 5. C.D. Smith

Legal 1. Doug Rouse, Chair 2. Shane Hooper 3. Bob Owens 4. Hal Parker 5. Alan Perry

Finance 1. Alan Perry, Chair 2. Ed Blakeslee 3. Karen Cummins 4. Christy Pickering 5. Robin Robinson 6. Doug Rouse

Real Estate 1. C.D. Smith, Chair 2. Karen Cummins 3. Bob Owens 4. Hal Parker 5. Christy Pickering

AD HOC COMMITTEES

Ayers Endowment Management Committee 1. Shane Hooper, Chair 2. Ed Blakeslee 3. Robin Robinson 4. IEO – Norris Edney (Acting President) 5. IEO – Carolyn Meyers 6. IEO – William Bynum 7. Commissioner Hank Bounds

Health Affairs 1. Aubrey Patterson, Chair 2. Ed Blakeslee 3. Ford Dye 4. Shane Hooper 5. Alan Perry 6. Doug Rouse

Diversity 1. Karen Cummins, Chair 2. Shane Hooper 3. Bob Owens 4. Alan Perry 5. C.D. Smith

*The President is an Ex-Officio member of all committees


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On motion by Trustee Owens, seconded by Trustee Cummins, with Trustee Robinson absent and not voting, all Trustees legally present and participating voted unanimously to appoint Dr. Norris Edney as the Interim President of Alcorn State University until such time as a permanent president can be named and to authorize Commissioner Bounds to set the compensation for Dr. Edney for an amount not to exceed the compensation rate of the previous president.

ADJOURNMENT There being no further business to come before the Board, on motion by Trustee Blakeslee, seconded by Trustee Smith, with Trustee Robinson absent and not voting, all Trustees legally present and participating voted unanimously to adjourn the meeting.

_____________________________________________________________ President, Board of Trustees of State Institutions of Higher Learning

_____________________________________________________________ Commissioner, Board of Trustees of State Institutions of Higher Learning


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EXHIBITS

Exhibit 1 Property Descriptions of the eighteen homes to be sold by the University of Southern Mississippi as part of the Neighborhood Stabilization Program Subgrant from the Mississippi Development Authority (MDA). See item #14 on the Real Estate Consent Agenda.

Exhibit 2 Proposed multi-year tuition rate for resident and non-resident students effective

for years 2015-2017 for the professional schools at the University of Mississippi Medical Center and Mississippi State University for first approval.

Exhibit 3 Real Estate items that were approved by the IHL Board staff subsequent to the

November 21, 2013 Board meeting.

Exhibit 4 Report of the payment of legal fees to outside counsel.

EXHIBIT 1 January 16, 2014

Page 1 of 3

Property Descriptions of the eighteen homes to be sold by the University of Southern Mississippi as part of the Neighborhood Stabilization Program Subgrant from the Mississippi Development Authority (MDA). See item #14 on the Real Estate Consent Agenda.

1. 122 Carriage Hills Drive, Jackson, MS Lot 43, Carriage Hills Subdivision, Part I, a subdivision according to the map or plat thereof on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 25 at Page 4, reference to which map or plat is hereby made in aid of and as a part of this description.

Being the same property as conveyed to the Secretary of Veterans Affairs, an Officer of the United States of America by substitute Trustee’s Deed, dated 03/16/2010 in Book 7104, Page3 1526, in Hinds County, Mississippi.

2. 126 McDowell Park Circle, Jackson, MS

Lot 4, McDowell Park Subdivision, a subdivision according to the map or plat thereof on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi in Plat Book 17 at Page 24, reference to which is hereby made.

3. 130 W. Santa Clair Street, Jackson, MS

Lot 8, Block A, Alemeda Subdivision, a subdivision according to a map or plat thereof which is on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 5 at Page 40, reference to which is hereby made in aid of and as a part of this description.

4. 134 McDowell Park Circle, Jackson, MS Lot 5 McDowell Park Subdivision, a subdivision according to a map or plat thereof which is on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 17, at Page 24, reference to which is hereby made in aid of and as a part of this description.

5. 235 Hilliard Court, Jackson, MS Lot 6, Greenbriar Subdivision, a subdivision according to the map or plat thereof on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 22 at Page 2, reference to which is hereby made in aid of and as a part of this description.


Page 2 of 3

6. 346 McDowell Park Circle, Jackson, MS Lot 44, McDowell Park Subdivision, a subdivision according to the map or plat thereof on file and of record in the office of the Chancery Clerk, First Judicial District, Hinds County at Jackson, Mississippi in Plat Book 17 at Page 24 thereof, reference to which is hereby made in aid of and as a part of this description.

7. 422 Sharon Hill, Jackson, MS

Lot 250, Cedar Hills Subdivision, Part 4-B, a subdivision lying in and being situated in the First Judicial District of Hinds County, Mississippi, according to the map or plat thereof on file and of record in the office of the Chancery Clerk of Hinds County, Mississippi at Jackson, Mississippi, in Plat Book 30 at Page 11 thereof, reference to which is map or plat is hereby made in aid of and as part of this description.

8. 1515 Dorgan Street, Jackson, MS

Lot 116, Woodgate, Part II, a subdivision according to a map or plat thereof which is on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 20 at Page 45, reference to which is hereby made in aid of and as a part of this description.

9. 1625 Dorgan Street, Jackson, MS

Lot 43, Woodglen, Part 2, a subdivision according to the map or plat thereof on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 20 at Page 45, reference to which is hereby made.

10. 1631 Wood Glen, Jackson, MS

Lot 63, Woodglen Part 2, a subdivision, according to the map or plat thereof on file and of record in the office of the Chancery Clerk of Hinds County of Jackson, Mississippi, in Plat Book 20, at Page 45, reference to which is hereby made in aid of and as a part of this description.

11. 1764 Waycona Drive, Jackson, MS

Lot 75, Garden Park Subdivision, Part 7, a subdivision according to a map or plat thereof which is on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi in Plat Book 21 at Page 14 thereof, reference to which is hereby made.


Page 3 of 3

12. 2262 Breckinridge Road, Jackson, MS Lot 8, Garden Park Terrace, Part 5, a subdivision according to the map or plat thereof on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 22 at Page 22, reference to which is hereby made.

13. 2723 Woodside Drive, Jackson, MS

Lot 36, Brinoy Heights, a subdivision, according to the map or plat thereof now on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi in Plat Book 14 at Page 17 reference to which is made and thereof.

14. 2830 Engleside Drive, Jackson, MS

Lot 4, Engleside Subdivision, a subdivision according to the map or plat thereof which is on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi in Plat Book 16 at Page 35, reference to which is hereby made.

15. 2880 Woodside Drive, Jackson, MS

Lot 11, Block A, Oak Forest Subdivision, according to a plat on file in the office of the Chancery Clerk at Jackson, Hinds County, First Judicial District, Mississippi, in Plat Book 13 at Page 7.

16. 2935 Marwood Drive, Jackson, MS

Lot 5, Block V, Oak Forest Subdivision, Part 7, a subdivision according to the map or plat thereof which is on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi in Plat Book 16 at Page 19, reference to which is hereby made in aid of and as a part of this description.

17. 4921 Oak Leaf Drive, Jackson, MS

Lot 87, Oak Creek, Part II, a subdivision according to the map or plat thereof which is on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi in Plat Book 27 at Page 8, reference to which is hereby made.

18. 4959 Laurel Oak Drive, Jackson, MS

Lot 42, Oak Creek Subdivision, Part IV, a subdivision according to a map or plat thereof which is on file and of record in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi, in Plat Book 29 at Page 12, reference to which is hereby made in aid of and as a part of this description.

University of Mississippi Medical Center

Professional Schools

FY 2014

Approved

Change FY 2015 *

Approved

Change FY 2016 *

Approved

Change FY 2017 *

Doctor of Dentistry

Mississippi Resident 22,530$ 1,780$ 24,310$ 1,215$ 25,525$ 1,275$ 26,800$

Non‐Resident Surcharge 29,965 2,368 32,333$ 1,617 33,950$ 1,700 35,650$

Non‐Resident Rate 52,495$ 4,148$ 56,643$ 2,832$ 59,475$ 2,975$ 62,450$

% annual increase ‐ MS Resident 7.9% 5.0% 5.0%

% annual increase ‐ Non‐Resident 7.9% 5.0% 5.0%

% annual increase ‐ Blended 7.9% 5.0% 5.0%

Doctor of Medicine


Non‐Resident Surcharge 30,788 ‐ 30,788$ 1,677 32,465$ 3,467 35,932$





Doctor of Physical Therapy


Non‐Resident Surcharge 19,314 ‐ 19,314$ ‐ 19,314$ ‐ 19,314$






Mississippi State University

Professional Schools

FY 2014

Approved

Change FY 2015 *

Approved

Change FY 2016 *

Approved

Change FY 2017 **

Doctor of Veterinary Medicine

Mississippi Resident 18,682$ 695$ 19,377$ 722$ 20,099$ 744$ 20,843$

Non‐Resident Surcharge ¹ 25,200 25,200$ 25,200$ 25,200$

Non‐Resident Rate 43,882$ 695$ 44,577$ 722$ 45,299$ 744$ 46,043$




* the 2015 and 2016 rates have been pre‐approved by the IHL Board

* the 2017 rates were approved by the IHL Board on January 16, 2014

¹ The Non‐Resident Surcharge is set by SREB (allowance for states who share professional schools). Due to increased competition for at‐large students, MSU CVM has not been able to increase the

surcharge without risk of losing non‐resident students to other peer institutions. The non‐resident students do pay the increases included in the resident (base) tuition.

1/29/2014



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SYSTEM: REAL ESTATE ITEMS APPROVED SUBSEQUENT TO THE November 21, 2013 BOARD MEETING SUBMISSION DEADLINE NOTE: THE FOLLOWING ITEMS WERE APPROVED BY THE BOARD'S REAL ESTATE AND FACILITIES STAFF ACCORDING TO BOARD POLICY §904 (A) BOARD APPROVAL.

Change Order Approval Note: No change orders approved by Board staff, as reflected within any of the following informational agenda items, increase the Board approved total project budget. The total project budget as approved by the Board provides for a contingency fund, which allows for an increase in the construction budget of between five and ten percent. Any increase in the total project budget caused by a change order, would require Board approval and could not be approved by Board staff.

1. ASU– GS 101-283 – Campus Safety and Security Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by S&S Engineers. Staff Approval Date: December 5, 2013 Project Initiation Date: February 16, 2012 Design Professional: S&S Engineers General Contractor: TBD Project Budget: $1,500,000.00

2. DSU– GS 102-237 – Caylor White Walters – Phase III (Rebid) Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #2 in the amount of $137,923.51 and forty-eight (48) additional days to the contract of Panola Construction company, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: December 4, 2013 Change Order Justification: Change Order #2 is necessary to provide a temporary wall at room 258 to allow installation of electrical panel feeding in phase 1, to provide wall type 5, to provide credit for addition of drinking fountain and associated work at the planetarium, provide new drinking fountain in corridor 100 A and provide new frame, door, and hardware in access room, to provide structural bracing at existing CMU wall, to provide raised floor steps and handrails in room 156, change studs size to accommodate plumbing in room 156, 162, 165, 166, and 169, provide abuse resistant gypsum board in room 171, provide larger expansion joints in room 202B, provide new opening in room 247, to provide tie in from existing roof drain to 6” storm line, to provide aggregate base & asphalt to infill water line trench. Total Project Change Orders and Amount: Two (2) change orders for a total amount of $212,684.62. Project Initiation Date: August 19, 2010 Design Professional: Architecture South, P.A. General Contractor: Panola Construction Company, Inc. Project Budget: $15,715,249.00


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3. JSU– GS 103-234 – ADA Compliance Phase IIB (BP2)

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $47,596.70 and four hundred nine (409) additional days to the contract of WFT Architect, P.A. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: November 18, 2013 Change Order Justification: Change Order #1 is necessary to provide additional toilet partitions to match the partitions originally installed, to provide handrails for the Jones-Sampson Bldg., to provide needed electrical power changes to elevators, to replace floor drains at J.Y. Woodard Bldg. due to latent conditions requiring immediate alteration, to repair water line at Jones-Sampson Bldg. due to latent conditions, to repair pipe & move floor drains at E.T. Stewart hall, to relocate fire sprinkler heads, to provide bathroom light fixtures for McAllister-Whiteside Hall, and to add contract time only for delays. Total Project Change Orders and Amount: One (1) change order for a total amount of $47,596.70. Project Initiation Date: June 12, 2007 Design Professional: WFT Architect, P.A. General Contractor: Coleman Hammons Construction Co., Inc. Project Budget: $5,632,985.50

4. MSU– GS 105-341 – Hand Lab – Life Safety Upgrades Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Atherton Consulting Engineers, Inc., design professional. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: November 26, 2013 Project Initiation Date: November 19, 2009 Design Professional: Atherton Consulting Engineers General Contractor: TBD Project Budget: $1,100,000.00

5. MSU– GS 105-343 – Lee Hall Renovation Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #7 in the amount of $321.92 and twelve (12) additional days to the contract of West Brothers Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: November 26, 2013 Change Order Justification: Change Order #7 is necessary to provide 120v power to each air terminal unit that was intended to be handled in the HVAC controls allowance but was omitted, to omit a section of millwork in room 1010 due to latent conditions, to install an expansion joint cover at the auditorium roof due to latent conditions, to omit


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future card access for the 3rd & 4th floors that were omitted during design but not completely removed from the documents, to replace the site water line for fire protection from the new rerouted water line into Lee Hall, to reconcile the balance of funds remaining in the HVAC controls allowance, to install doors in seating 4001 to the north office and between two north offices. Total Project Change Orders and Amount: Seven (7) change orders for a total amount of $638,775.74. Project Initiation Date: June 16, 2011 Design Professional: Dale and Associates Architects, P.A. General Contractor: West Brothers Construction, Inc. Project Budget: $20,700,000.00

6. MSU – IHL 105-345 GC01 – Classroom Building with Parking Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Evan Johnson & Sons Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: November 5, 2013 Project Initiation Date: August 19, 2010 Design Professional: Belinda Stewart Architects, P.A. General Contractor: Evan Johnson & Sons Construction, Inc. Project Budget: $37,509,471.00

7. MSU – GS 113-130 – Necropsy Renovation Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #12 in the amount of $21,714.77 and fourteen (14) additional days to the contract of T.L. Wallace Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: October 30, 2013 Change Order Justification: Change Order #12 is necessary to provide additional striping, to furnish & install proper hose reel supports, to add compressed air to the sterilizer, to delete the concrete paving between the cooling tower and the small incinerator, to install a pad for the diesel tank, to install crushed stone & stabilization fabric, to credit for fencing labor, to furnish & install a new day tank in the boiler room to install a permanent gate, and to add 3 days due to weather delays. Total Project Change Orders and Amount: Twelve (12) change orders for a total amount of $835,634.63. Project Initiation Date: October 21, 2010

Design Professional: Pryor & Morrow Architects and Engineers, P.A. General Contractor: T.L. Wallace Construction, Inc. Project Budget: $12,197,791.22

8. MSU– IHL 205-267 – MSU Fresh Food Company Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by JH&H Architects, design professional.


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Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids. Staff Approval Date: November 4, 2013 Project Initiation Date: September 11, 2012 Design Professional: JH&H Architects General Contractor: TBD Project Budget: $12,500,000.00

9. MUW – GS 104-178 – Fant Library Renovation, Phase I Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #5 in the credit amount of $15,581.46 and sixty-two (62) additional days to the contract of West Brothers Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: November 6, 2013 Change Order Justification: Change Order #5 is necessary to credit for deletion of carpet installation, floor boxes in the classroom tired seating area of the south addition, deletion of requirement to relocate & install an OAU located at the sw corner of the south addition, to reconfigure two CMU recesses to allow installation of the Raynor overhead fire doors at the ASRS and to add 62 additional days due to weather delays. Total Project Change Orders and Amount: Five (5) change orders for a total amount of $81,133.89. Project Initiation Date: October 20, 2011

Design Professional: Burris/Wagnon Architects, P.A. General Contractor: West Brothers Construction, Inc. Project Budget: $6,800,000.00

10. MUW– GS 104-178 – Fant Library Renovation, Phase II Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Burris/Wagnon Architects, P.A. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: October 30, 2013 Project Initiation Date: June 20, 2013 Design Professional: Burris/Wagnon Architects, P.A. General Contractor: TBD Project Budget: $5,100,000.00

11. MVSU – GS 106-237 – Harrison Renovation Expansion Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Evan Johnson & Sons Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: December 4, 2013 Project Initiation Date: January 20, 2011


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Design Professional: Pryor-Morrow/Vernell BarnesArchitect General Contractor: Evan Johnson & Sons Construction, Inc. Project Budget: $17,500,000.00

12. UM– GS 107-311 – Music Hall Mechanical Upgrade & West Wing Renovation Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to D. Carroll Construction, LLC. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: October 29, 2013 Project Initiation Date: November 15, 2012 Design Professional: Shafer & Associates General Contractor: D. Carroll Construction, LLC Project Budget: $4,650,000.00

13. UM– IHL 207-341 – Thad Cochran Natural Product Center Phase II Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Cooke Douglass Farr Lemons Architects. Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids. Staff Approval Date: November 18, 2013 Project Initiation Date: May 20, 2010 Design Professional: Cooke Douglass Farr Lemons Architects General Contractor: TBD Project Budget: $40,000,000.00

14. UM– IHL 207-348 – Johnson Commons West Renovation Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #8 in the amount of $51,304.95 and zero (0) additional days to the contract of Zellner Construction. Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #9 in the amount of $53,718.66 and zero (0) additional days to the contract of Zellner Construction. Staff Approval Date: (#1) November 6, 2013; (#2) November 26, 2013 Change Order Justification: Change Order #8 is necessary for abatement of asbestos containing material & soil discovered in the trench during excavation, and related work to support the abatement including excavation, new fill and re-grading. Change Order #9 is necessary to install UNI-I tapping tee to connect the new planter drainage system to the existing stormwater detention system, to furnish & install brick benches to cover the top of the concrete column footings exposed above grade after excavation for the new dining patio, to furnish & install stainless steel wall panels below the hoods in lieu of specified FRP, to furnish & install FRP wall covering in warewash room 135 in lieu of paint, and to furnish & install washable tile ceilings in warewash room 208 in lieu of specified ACT.


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Total Project Change Orders and Amount: Nine (9) change orders for a total amount of $1,367,494.43. Project Initiation Date: May 19, 2011 Design Professional: Tipton Associates, A Professional Architectural Corporation General Contractor: Zellner Construction Project Budget: $14,500,000.00

15. UM – IHL 207-353 – Coulter Hall Addition and Renovation Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $25,736.00 and zero (0) additional days to the contract of Carothers Construction, Inc. Staff Approval Date: November 8, 2013 Change Order Justification: Change Order #1 is necessary to install chilled water lines due to faulty existing valves, termite treatment to soil in additional areas not included in the original project scope, and to deduct for controls allowance. Total Project Change Orders and Amount: One (1) change order for a total amount of $25,736.00. Project Initiation Date: February 16, 2012 Design Professional: BEJ-CDFL – A Professional Association General Contractor: Carothers Construction, Inc. Project Budget: $18,000,000.00

16. UM– IHL 207-354 – Honors College Renovation and Addition Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Design Development Documents as submitted by The McCarty Company Design Group, P.A. Staff Approval Date: December 9, 2013 Project Initiation Date: March 21, 2013 Design Professional: The McCarty Company Design Group, P.A. General Contractor: TBD Project Budget: $6,600,000.00

17. UM– IHL 207-365 – Kinard Hall Water Storage Tank Replacement at Rebel Drive Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to CBI. Staff Approval Date: November 6, 2013 Project Initiation Date: October 18, 2012 Design Professional: Engineering Solutions, Inc. General Contractor: CBI Project Budget: $2,500,000.00

18. UM– IHL 207-370 – Turner Center Basement Renovation Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by The McCarty Design Group, P.A.


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Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids. Staff Approval Date: November 6, 2013 Project Initiation Date: March 21, 2013 Design Professional: The McCarty Company Design Group, P.A. General Contractor: TBD Project Budget: $1,500,000.00

19. UM– IHL 207-373 – Faser Hall Second Floor Skills Lab Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Anco Construction, Inc. Staff Approval Date: November 12, 2013 Project Initiation Date: November 17, 2011 Design Professional: Cooke Douglass Farr Lemons Architects & Engineers, P.A. General Contractor: Anco Construction, Inc. Project Budget: $1,500,000.00

20. UM– IHL 207-374 – Lamar Hall Phase IIA Envelope Restoration Interim Approval: In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. Hal Parker, Chair of the Real Estate and Facilities Committee on October 23, 2013 initiating and approving the professional for the Lamar Hall Phase IIA Envelope Restoration. The project began with a budget below $1M threshold for reporting to IHL, but has now exceeded the $1M limit due to additional structural work required on the exterior stone panels. The budget is being initiated at $1,100,000 and will be funded with internal repair and renovation funds. Interim Approval Date: October 23, 2013 Project Initiation Date: October 23, 2013 Design Professional: Barlow Eddy Jenkins Architects, P.A. General Contractor: D. Carroll Construction, LLC Project Budget: $1,100,000.00

21. UM – IHL 207-374 – Lamar Hall Phase IIA Envelope Restoration Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #5 in the amount of $0.00 and seven (7) additional days to the contract of D. Carroll Construction, LLC. Staff Approval Date: December 5, 2013 Change Order Justification: Change Order #5 is necessary to add days due to inclement weather. Total Project Change Orders and Amount: Five (5) change orders. The previous four change orders were incurred when project was under the $1M threshold. Change Order #5 is for the additional days incurred when the budget exceeded the $1M threshold. Project Initiation Date: October 23, 2013 Design Professional: BEJ-CDFL – A Professional Association General Contractor: D. Carroll Construction, LLC Project Budget: $1,100,000.00


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22. UMMC – IHL 209-532 – Cardiovascualr Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #11 in the amount of $7,762.00 and zero (0) additional days to the contract of Fountain Construction Company, Inc. . Staff Approval Date: October 30, 2013 Change Order Justification: Change Order #11 is necessary for additional batt insulation kin the exterior wall detail around the elevator shaft & adjacent wall, door changes reducing the openings in doors 2020 & 3013, and additional insulation added to some existing ductwork in the mauve desk ceiling area. Total Project Change Orders and Amount: Eleven (11) change orders for a total amount of $342,216.84. Project Initiation Date: February 18, 2010 Design Professional: Cooke Douglas Farr Lemons Architects & Engineers, P.A. General Contractor: Fountain Construction Company, Inc. Project Budget: $20,182,526.00

23. UMMC– IHL 209-534B – Contract 2 – Parking, Roadways and Infrastructure Renovations Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #9 in the credit amount of $84,690.13 and zero (0) additional days to the contract of Hemphill Construction, Inc. Staff Approval Date: November 7, 2013 Change Order Justification: Change Order #9 is necessary to credit for adjustments and various pay items to account for actual quantities used vs original design quantities. Total Project Change Orders and Amount: Nine (9) change orders for a total amount of $973,227.76. Project Initiation Date: April 15, 2010 Design Professional: Cooke Douglass Farr Lemons Architects, P.A. General Contractor: Hemphill Construction, Inc. Project Budget: $13,750,000.00

24. UMMC– IHL 209-539 – Lexington Hospital Renovations Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by The McCarty Design Group, P.A. Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids. Staff Approval Date: November 5, 2013 Project Initiation Date: January 20, 2011 Design Professional: The McCarty Company Design Group, P.A. General Contractor: TBD Project Budget: $4,479,107.00


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25. UMMC – IHL 209-548 – School of Medicine Utilities

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Fountain Construction Company, Inc. Staff Approval Date: October 28, 2013 Project Initiation Date: August 15, 2013 Design Professional: CDFL + ELEY, A Joint Venture General Contractor: Fountain Construction Company, Inc. Project Budget: $10,000,000.00

26. USM– GS 108-267 – College of Business Building Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #8 in the amount of $51,746.32 and eighty-three (83) additional days to the contract of Hanco Corporation. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: December 6, 2013 Change Order Justification: Change Order #8 is necessary for work related to structural changes for grade beams at the corner stairs along column lines and controls, changing the AMP rating of the 3 circuit breakers feeding the 3 PHWPs, adding 3 poles, 30 amp breakers for the 4 HWB’s, to add structural steel that required support of the precast at the east elevation of the 2nd floor between column lines, changing ‘Z’ type light fixtures to Visa Lighting CP4284 and deleting three type ‘Z’ fixtures and lowering devices located over the auditorium stage, lighting changes in fixtures in various classrooms, and adding 56 additional days due to weather delays. Total Project Change Orders and Amount: Eight (8) change orders for a total amount of $230,914.80. Project Initiation Date: March 2, 2005 Design Professional: Eley Guild Hardy Architects-Jackson, P.A./Studio South Architects, PLLC – A Joint Venture. General Contractor: Hanco Corporation Project Budget: $34,000,000.00

27. USM – IHL 208-313 – Fine Arts Complex Tornado Repairs and Renovations Interim Approval: In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. Hal Parker, Chair of the Real Estate and Facilities Committee on October 23, 2013 increasing the budget for the Fine Arts Complex Tornado Repairs project from $4,664,516. 84 to $5,402,302.84 for a total increase of $737,786.27. Interim Approval Date: November 8, 2013 Project Initiation Date: June 4, 2013 Design Professional: Allred Architectural Group General Contractor: B.W. Sullivan Building Contractor, Inc. Project Budget: $5,402,302.84


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28. USM – IHL 208-313 – Fine Arts Complex Tornado Repairs and Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Fountain Construction Company, Inc. Staff Approval Date: November 8, 2013 Project Initiation Date: June 4, 2013 Design Professional: Allred Architectural Group General Contractor: B.W. Sullivan Building Contractor, Inc. Project Budget: $5,402,302.84

29. USM– IHL 210-243 – Marine Education Center – Cedar Point Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Lake/Flato Architects. Staff Approval Date: December 4, 2013 Project Initiation Date: August 21, 2008 Design Professional: Lake/Flato Architects General Contractor: TBD Project Budget: $13,205,000.00


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SYSTEM - REPORT OF PAYMENTS TO OUTSIDE COUNSEL Legal fees approved for payment to outside counsel in relation to litigation and other matters:

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statement dated 11/20/13) from the funds of Mississippi State University. (This statement, in the amount of $129.00, represents services and expenses in connection with general legal advice.)

TOTAL DUE……………………………….…….………………$ 129.00

Payment of legal fees for professional services rendered by Ware/Gasparian (statement dated 11/19/13) from the funds of Mississippi State University. (This statement, in the amount of $2,500.00, represents services and expenses in connection with labor certifications.)

TOTAL DUE……………………………….…….………………$ 2,500.00

Payment of legal fees for professional services rendered by Evans Petree (statements dated 10/3/13, 11/4/13 and 11/7/13) from the funds of the University of Mississippi. (These statements, in the amounts of $2,524.17, $1,637.50 and $6,047.50, respectively, represent services and expenses in connection with general legal advice.)

TOTAL DUE……………………………….…….………………$ 10,209.17

Payment of legal fees for professional services rendered by Bradley, Arant, Boult & Cummings (statement dated 11/13/13) from the funds of the University of Mississippi Medical Center. (This statement, in the amount of $838.50, represents services and expenses in connection with litigation matters.)

TOTAL DUE……………………………….…….………………$ 838.50 Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statement dated 10/21/13) from the funds of the University of Mississippi Medical Center. (This statement, in the amount of $1,960.00, represents services and expenses in connection with general legal advice.) TOTAL DUE……………………………….…….………………$ 1,960.00 Payment of legal fees for professional services rendered by Kitchens Hardwick (statements dated 10/10/13, 10/10/13, 10/10/13, 11/1/13, 11/1/13, 11/1/13 and 11/1/13) from the funds of the University of Mississippi Medical Center. (These statements, in the amounts of $693.00, $643.50, $858.00, $2,574.00, $2,524.50, $1,534.50 and $5,197.50, respectively, represent services and expenses in connection with general legal advice and litigation matters.)

TOTAL DUE……………………………….…….………………$ 14,025.00


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Payment of legal fees for professional services rendered by Watkins & Eager (statements dated 10/29/13, 10/29/13, 11/12/13, 11/12/13 and 11/12/13) from the funds of the University of Mississippi Medical Center. (These statements, in the amounts of $9,262.33, $3,368.94, $7,240.60, $9,725.11 and $10,890.04, respectively, represent services and expenses in connection with general legal advice.)

TOTAL DUE……………………………….…….………………$ 40,487.02

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statement dated 11/13/13) from the funds of the University of Southern Mississippi. (This statement, in the amount of $12,055.44, represents services and expenses in connection with general legal advice.)

TOTAL DUE……………………………….…….………………$ 12,055.44

Payment of legal fees for professional services rendered by Mayo Mallette (statement dated 11/8/13) from the funds of the University of Southern Mississippi. (This statement, in the amount of $264.00, represents services and expenses in connection with general legal advice.)

TOTAL DUE……………………………….…….………………$ 264.00

Legal fees approved for payment to outside counsel in relation to patent and other matters:

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statements dated 10/22/13, 10/25/13, 10/28/13, 11/15/13, 11/15/13, 11/15/13 and 11/15/13) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Steele- Solid Heat Carrier Pyrolysis Reactor” - $135.00; “Srinivasan- Elusieve Processing CIP Application” - $128.84; “Steele- Non-Provisional-Upgrading of Bio-Oil Using Synthesis Gas” - $2,202.50; “Steele- Nonprovisional - Upgrading of Bio-Oil Using Synthesis Gas” - $120.00; “Steele- Penmetsa - Water Repellant Solids” - $110.00; “Steele- Solid Heat Carrier Pyrolysis Reactor” - $2,002.50 and “Klink- Glycine Max Resistance” - $85.00, respectively.) TOTAL DUE……………………………….…….………………$ 4,783.84

Payment of legal fees for professional services rendered by Larry Schemmel (statements dated 10/23/13) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Southern Gardening Service Mark” - $308.75; “Registration - Bulldog Head” - $451.25; “Registration - Cowbell in Miss. State Circle” - $403.75; “Registration - Miss. State Banner” - $665.00; “Registration - Mississippi State University (words)” - $95.00; “Registration - Paw Print” - $118.75; “Japan- Occidiofungin, a Unique Antifungal Glycopeptide Produced by a Strain of Burkholderia Contaminants” - $2,489.04; “Method and System for Increasing Safety in Chemical Application from an Aircraft”


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- $400.00; “Linear Analyst” - $800.00; “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges” - $1,172.50; “MSU- Fischer - Tropsch Catalysts and Process for Liquid” - $546.25; “Termite Control Methods and Apparatus” - $800.00; “Termite Control System, Method and Apparatus” - $800.00; “Occidiofungin, a Unique Antifungal Glycopeptide Produced by a Strain of Burkholderia Contaminants” - $1,560.00; “Oral Vaccination of Fish with Live Attenuated Edwardsiella Ictaluri Vaccines” - $47.50; “Generation of Imazapic Resistance Switch grass Population” - $587.50; “Crape myrtle Plant Named (Neshoba)” - $997.50; “Crape myrtle Plant Named (Pascagoula)” - $1,092.50; “Crape myrtle Plant Named (Sequoyah)” - $1,021.25; “Crape myrtle Plant Named (Shumaka)” - $1,092.50; “Crape myrtle Plant Named (Tishomingo)” - $1,021.25; “Using Biochar, a Byproduct from Thermal Chemical Conversion of Biomass, as Container Substrate” - $47.50; “National Filing from Occidiofungin PCT Application -China” - $665.00; “Diethylene Tricarbamide and Diethylene Tricarbamide-Formaldehyde Condensation Resins” - $1,587.50; “Berbent Bermuda grass Trademark” - $332.50; “BERBENT (Word Mark)” - $150.00; “Vibrio Assay Kits” - $118.75; “Europe- Occidiofungin, a Unique Antifungal Glycopeptide Produced by a Strain of Burkholderia Contaminants” - $1,942.50; “China- Occidiofungin, a Unique Antifungal Glycopeptide Produced by a Strain of Burkholderia Contaminants” - $520.00 and “Japan- Occidiofungin, a Unique Antifungal Glycopeptide Produced by a Strain of Burkholderia Contaminants” - $390.00.)

TOTAL DUE……………………………….…….………………$ 22,342.69

Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 9/17/13) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Enhancers of Paraoxanase 1 (PON1) Activity toward Degrading Organophosphates” - $107.54; “Extruder Device” - $1,993.48; “White/Noval Catalyst and Process for Liquid Hydrocarbon Fuel Production” - $997.70; “Extruder Device” - $106.70 and “White/Noval Catalysts and Process for Liquid Hydrocarbon Fuel Production” - $57.20.)

TOTAL DUE……………………………….…….………………$ 3,262.62

Payment of legal fees for professional services rendered by Armstrong Teasdale (statement dated 9/24/13) from the funds of the University of Mississippi. (This statement represents services and expenses in connection with the following patent: “Systems and Methods for Detecting Transient Acoustic Signals” - $40.28.)

TOTAL DUE……………………………….…….………………$ 40.28


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Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statements dated 9/17/13, 9/26/13, 11/20/13 and 11/20/13) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Cache Mapping Technology” - $752.50 and “Animal Model of Anxiety and Depression” - $1,234.50; “Device for Demonstrating Components of a Vector” - $167.50 and “Cache Mapping Technology” - $1,657.50, respectively.)

TOTAL DUE……………………………….…….………………$ 3,812.10

Payment of legal fees for professional services rendered by Hershkovitz & Associates (statements dated 9/19/13, 10/28/13 and 10/28/13) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Highly Selective Sigma Receptor Radioligands” - $1,320.00; “Method of Preparing Delta-9 Tetrahydrocannabinol” - $525.00 and “Method for Preparing Delta-9 Tetrahydro-cannabinol” - $768.00, respectively.)

TOTAL DUE……………………………….…….………………$ 2,613.00

Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 9/17/13, 9/17/13, 9/17/13, 9/17/13, 9/17/13, 10/21/13, 10/21/13, 10/21/13, 10/21/13, 10/21/13, 10/21/13, 10/21/13, 10/21/13, 11/18/13, 11/18/13, 11/18/13, 11/18/13, 11/18/13, 11/18/13, 11/18/13, 11/18/13, 11/18/13, 11/18/13 and 11/18/13) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “A Stable Plasmonic Cluster of Molecular Definition” - $50.00; “Highly Purified Amphotericin-B” - $1,024.00; “Highly Purified Amphotericin-B” - $3,968.00; “Stabilized Formulation of Triamcinolone Acetonide” - $5,609.21; “Stabilized Formulation of Triam-cinolone Acetonide” - $623.50; “A Stable Plasmonic Cluster of Molecular Definition” - $28.50; “Delivery of Medicaments to the Nail” - $636.00; “Purified Amphotericin-B” - $2,060.50; “Stabilized Formulation of Triamcinolone Acetonide” - $192.00; “Acoustic Instruments for Use Aquaculture” - $1,150.00; “Agents with Selective K-Opioid Receptor Affinity” - $1,150.00; “Bio-adhesive Hot-Melt Extruded Film for Topical and Mucosal Adhesion Applications and Drug Delivery and Process for Preparation Thereof” - $4,050.00; “Miscellaneous IP Matters” - $47.50; “Highly Purified Amphotericin-B” - $1,759.25; “Highly Purified Amphotericin-B” - $1,221.00; “Methods for Detecting Humans” - $57.00; “Stabilized Formulation of Triam-cinolone Acetonide” - $2,243.15; “Formulation for the Treatment of Hypertrophic Scar” - $192.00; “Highly Purified Amphotericin-B” - $889.00; “Highly Purified Amphotericin-B” - $738.00; “Highly Purified Amphotericin-B” - $1,071.00; “Highly Purified Amphotericin-B” - $730.00; “Compositions Comprising Highly Purified Amphotericin-B” - $795.00 and “Highly Purified Amphotericin-B” - $696.00, respectively.)

TOTAL DUE……………………………….…….………………$ 30,980.61

Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 9/20/13, 10/18/13, 10/18/13, 10/18/13, 10/18/13, 10/18/13 and 10/18/13) from the funds of the University of Mississippi Medical Center. (These statements, in the amounts of $1,374.00,


Page 5 of 5

$186.00, $91.50, $1,003.88, $330.00, $1,188.00 and $61.50, respectively, represent services and expenses in connection with intellectual property/patents.)

TOTAL DUE……………………………….…….………………$ 4,234.88

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statements dated 11/14/13 and 11/20/13) from the funds of the University of Southern Mississippi. (These statements represent services and expenses in connection with the following patents: “Trademark Application for the Centennial Anniversary” - $2,827.50 and “Lockhead - Oil Dispersant Patent” - $1,247.00, respectively.) TOTAL DUE……………………………….…….………………$ 4,074.50

Payment of legal fees for professional services rendered by Larry Schemmel (statements dated 10/30/13) from the funds of the University of Southern Mississippi. (These statements represent services and expenses in connection with the following patents: “Soy Protein Adhesives and Uses Thereof” - $1,330.00; “Application for Registration of D.E.E.P. Comprehension Service Mark” - $1,437.50; “RNA Containing Coenzymes, Biotin, or Fluorophores, and Methods for Their Preparation and Use” - $427.50 and “SportEvac Trademark” - $973.75.) TOTAL DUE……………………………….…….………………$ 4,168.75

CONSENT

AGENDAS

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING

CONSENT AGENDA

FINANCE

February 20, 2014

Page 1 of 17

1. SYSTEM –REQUEST FOR FINAL APPROVAL OF PROFESSIONAL SCHOOL

TUITION MULTI-YEAR RATES

Agenda Item Request: Approval is requested for the UMMC and MSU professional

school multi-year tuition rates effective FY’s 2015 through 2017. These items were

presented to the IHL Board for first reading at the January 16, 2014 meeting.

Additional information will be submitted to the Board under separate cover.

Staff Recommendation: Based on Board Policy 702.04C – Consideration of

Requests: Requests to establish tuition, and room and board charges shall not be

considered until at least thirty days after they have been submitted to provide an

opportunity for review by the Board and the Commissioner. The Board reserves the

right to waive the thirty-day review requirement during periods of extreme time

constraint.

Staff recommends approval of the proposed professional school multi-year tuition

rates for final approval.

2. MSU- PERMISSION TO AMEND AN EXISTING LEASE AGREEMENT

Agenda Item Request: Mississippi State University (MSU) requests permission to

amend an existing lease agreement with New Cingular Wireless PCS, LLC for space in

Davis Wade Stadium.

Contractor’s Legal Name: New Cingular Wireless PCS, LLC (NCW)

History of Contract: This is the First Amendment to the Lease Agreement.

In June 2011, the Board of Trustees approved – and MSU entered into – an agreement to

lease approximately 1,635 square feet of space in Davis Wade Stadium to NCW. NCW

has used this space to install a distributed antenna system to provide cellular coverage for

individuals attending MSU football games.

Because NCW wants to expand the distributed antenna system and because the leased

space does not provide adequate ceiling height for certain equipment, MSU and NCW

propose to amend the agreement to move the leased space to a different location within

Davis Wade Stadium. An expanded distributed antenna system will enhance NCW’s

ability to sublease space on the system to other providers thus providing additional

revenue for MSU.

Specific type of contract: First Amendment to Lease Agreement


CONSENT AGENDA

FINANCE

February 20, 2014

Page 2 of 17

Purpose: The purpose of the amendment is to lease different space in Davis Wade

Stadium to NCW. The amendment does not increase the square footage leased to NCW,

but moves it to a different location. The newly leased space will allow NCW to expand

its distributed antenna system and will enhance NCW’s ability to sublease space on the

system to other providers thus providing additional revenue for MSU.

Scope of Work: MSU will lease to NCW approximately 1,157 square feet of space in

Davis Wade Stadium to house an expanded distributed antenna system. In turn, NCW

will sublease space on the distributed antenna system to Rural Cellular Corporation, a

Minnesota corporation doing business as Verizon Wireless.

Because the newly leased space (1,157 square feet) is less than the originally leased space

(1,635 square feet), NCW will have the ability to request and use an additional 478

square feet of space with no additional rental payments due other than any applicable

sublease revenue that may be due.

Term of contract: The amendment does not change the term of the agreement. The term

remains fifteen years starting on June 22, 2011 and ending on June 21, 2026.

Termination Options: The amendment does not change the termination options of the

agreement. Because NCW has made – and will make – a large investment in this project,

MSU can terminate the agreement only for breach of contract.

Contract Amount: The amendment will not immediately increase revenue for MSU.

However, the amendment will allow NCW to sublease space on the distributed antenna

system to Verizon Wireless at which time – according to the terms of the original

agreement – MSU will receive thirty percent of the sublease revenue.

As stated in the original agreement, MSU will receive a minimum of $961,132 over the

term of the agreement. Once NCW has subleased space on the distributed antenna system

to Verizon Wireless as provided for by the amendment, MSU estimates that its revenue

will increase by $1,350 per month for the remainder of the agreement.

Funding Source for Contract: Not applicable as this agreement generates revenue.

Contractor Selection Process: Not applicable as this is an amendment to an existing

agreement.

Staff Recommendation: Based on Board Policy 707.01, Land, Property, and Service

Contracts, Board approval is required prior to execution of leases in an amount greater

than $100,000. This agreement has been reviewed and approved by the Attorney

General’s Office. Board staff recommends approval of this item.


CONSENT AGENDA

FINANCE

February 20, 2014

Page 3 of 17

3. MVSU – REQUEST FOR APPROVAL OF A RESOLUTION FOR A GRANT

APPLICATION

Mississippi Valley State University requests approval of a resolution authorizing the filing

of an application to the Mississippi Department of Transportation for a grant to assist in

providing transportation services.

Through an agreement with the Mississippi Department of Transportation and the Federal

Transit Administration, Mississippi Valley State University provides public transportation

services in eight (8) Delta counties: Carroll, Grenada, Holmes, Humphreys, Leflore,

Sunflower, Tallahatchie and Washington.

The mass transit system serves as a vital means of transportation for students to attend the

university. The resolution is shown below.

AUTHORIZING RESOLUTION

The Board of Trustees of State Institutions of Higher Learning, herein after referred to as

the BOARD, is aware of the provisions of 49 U.S.C. 5311 of the Federal Transit Act and the

Safe, Accountable, Flexible, Efficient Transportation Equity Act – A Legacy for Users

(SAFETEA-LU) and Moving Ahead for Progress in the 21st Century (MAP-21). The

BOARD hereby duly authorizes Dr. William B. Bynum, Jr., acting as the President on

behalf of the Applicant to file an application with the Mississippi Department of

Transportation for a Section 5311 Rural General Public Program grant to assist in

providing transportation services. The BOARD also does hereby certify that the Applicant

is eligible to apply for this grant and is not aware of any reasons or conditions that prohibit

the Applicant organization nor any of its staff, officers or directors from receiving,

administering or disbursing federal funds. If this application is approved, (1) the BOARD

resolves that the Applicant will provide the required local match; (2) the BOARD agrees to

comply with the Federal Transit Administration’s and The Mississippi Department of

Transportation’s requirements as contained in the award agreement; (3) the Applicant will

carry out the project as described in the approved application. By this resolution the

BOARD also officially authorizes Mississippi Valley State University to execute a contract

agreement with the Mississippi Department of Transportation.

Approved and Adopted this _______ day of ________________________, 20_____

__________________________________________________

(Chairman/President)

__________________________________________________


CONSENT AGENDA

FINANCE

February 20, 2014

Page 4 of 17

(Typed Name)

__________________________________________________

(Attest)

__________________________________________________

(Typed Name)

Staff Recommendation: The Resolution has been reviewed and approved by the

Attorney General’s Office. Board staff recommends approval of this item.

4. UMMC-REQUESTS FOR APPROVAL OF CONTRACTUAL SERVICES

AGREEMENTS

a. Agenda Item Request: The University of Mississippi Medical Center (UMMC)

requests approval to amend its Master Customer Agreement with Passport Health

Communications, Inc.

Contractor’s Legal Name: Passport Health Communications, Inc. (Passport)

History of Contract: UMMC received Board approval to contract with Passport for

insurance verification services in August 2011 for the period, September 1, 2011

through August 31, 3016 for an estimated cost of $307,190.40. Passport is a “behind

the scenes” tool that is used in EPIC to present patient insurance information to

various departments at UMMC.

Specific Type of Contract: Contract amendment.

Purpose: The purpose of the amendment is to increase the estimated cost of the

current agreement; to provide for an upgrade to the Premium EDI Eligibility services;

and, to provide for the addition of the Coverage Discovery product. Passport’s

products and services provide eligibility verification technology for capturing patient

insurance information prior to service.

Scope of Work: Under the agreement, Passport will upgrade the system’s Premium

EDI Eligibility services which determine insurance eligibility verification in real-

time; and, will provide Coverage Discovery which identifies additional, date-specific,

active coverage for existing patient accounts.

Term of Contract: The term of the amendment is for the remainder of the term of

the 2011 agreement commencing on or about March 1, 2014 through August 31,

2016.


CONSENT AGENDA

FINANCE

February 20, 2014

Page 5 of 17

Termination Options: The agreement may be terminated for the following:

breach by either party of a material term of the agreement upon thirty (30)

days written notice,

at any time upon thirty (30) days written notice,

reduction of funds,

in the event either party becomes insolvent or suspends business, or becomes

the subject of bankruptcy or receivership,

UMMC may terminate the Business Associate Addendum should Passport

materially default in the performance of its duties and obligations under the

Addendum and not cure the default within ten (10) days of receiving notice

from UMMC,

Passport may terminate the Agreement and the Business Associate Addendum

in the event there are changes or clarifications to the HIPAA Rules that

materially affect Passport by giving thirty (30) days written notice,

Passport may terminate the Agreement and the Business Associate Addendum

in the event UMMC materially violates the HIPAA Rules and does not cease

the violation within fifteen (15) days of receiving notice from Passport,

Passport may suspend products and services and/or terminate the Agreement

without prior notice in the event UMMC fails to pay any “Undisputed Fees”

related to the Agreement, and

Passport may terminate the Agreement and/or any product or service it offers

with reasonable advance notice should it no longer offer or provide support

for such product or service.

Contract Amount: The estimated cost associated with the amendment is

$537,782.40. The amendment will increase the total estimated contract cost from

$307,190.40 to $844,972.80. Costs associated with the amendment include the

following:

Description Per Month Over the

Total 60 Month

Agreement

Total

Subscription Fee $76.25 $4,575.00 EDI Transaction Fee Upgrade (for approx.

80,000 transactions per month)

$5,769.29

$346,157.40 Coverage Discovery Product (for

processing up to 7,500 records per month)

$5,250.00

$183,750.00 One Time Implementation Fee $0 $3,300.00

Total $537,782.40


CONSENT AGENDA

FINANCE

February 20, 2014

Page 6 of 17

Funding Source of Contract: The agreement will be funded by patient revenues.

Contractor Selection Process: N/A. This is an amendment to a current agreement.

Staff Recommendation: Based on Board Policy 707.01, Land, Property and

Service Contracts, Board approval is required prior to execution of the contract for

all other land, personal property, and service contracts that require an aggregate

total expenditure of more than $250,000. The agreement has been reviewed and

approved by the Attorney General’s Office. Board staff recommends approval of

this item.

b. Agenda Item Request: The University of Mississippi Medical Center (UMMC)

requests approval to enter into an agreement with Indigo America, Inc., a wholly

owned subsidiary of Hewlett-Packard Company (“HP”) for the maintenance

service and consumables used in two of its printing presses in the Printing

Department. UMMC also request approval to enter into a Letter of Agreement for

pass-through terms associated with its purchase of a new printing press via its group

purchasing organization, Novation.

Contractor’s Legal Name: Indigo America, Inc., a wholly owned subsidiary of

Hewlett-Packard Company (“HP”)

History of Contract: UMMC has owned the HP Indigo 550 since 2008. The Board

of Trustees last approved a service and consumables contract for the equipment in

August 2008, which expired August 31, 2010. Since that time, UMMC attempted to

contract for the service and purchase the consumables separately. However, it was

discovered that the contract for service still included the consumables and therefore

required IHL approval due to the total cost. Upon this discovery, UMMC began

working with HP on a new agreement to submit for the IHL Board of Trustees’

approval. Meanwhile, UMMC’s lease on an old printing press with Eastman Kodak

was expiring, and UMMC determined that it was in its best interest to purchase a new

printing press from HP to operate the Printing Department more efficient and

economically.

Specific Type of Contract: Purchase agreement and service and consumables

contract.

Purpose: The purpose of the Letter of Agreement is to purchase the HP Indigo 7600

printing press through an approved vendor with Novation. The purpose of the service

and consumables contract is to maintain both the new HP Indigo 7600 and UMMC’s

existing printing press, the HP Indigo 5500. The contract allows UMMC to lock in

discounted pricing well below open market value.


CONSENT AGENDA

FINANCE

February 20, 2014

Page 7 of 17

Scope of Work: Under the Letter of Agreement for the purchase of the HP Indigo

7600 printing press, HP will cover the equipment under a six-month warranty and

training courses. UMMC agrees to operate the equipment with only the consumables

approved by HP and when a Qualified Operator is present. UMMC will also allow

HP to make and retain a back-up copy of the software on the equipment.

Under the service and consumables contract, HP will provide troubleshooting,

maintenance, consumables, and replacement parts for the existing HP Indigo 5500

and the new HP Indigo 7600. UMMC agrees to use only approved consumables with

the equipment and operate the equipment only in the presence of a Qualified

Operator, trained by HP.

Term of Contract: The term of the agreement is for two (2) years beginning

approximately March 1, 2014 and continuing until February 28, 2016.


Should UMMC fail to allow access to HP to count the number of clicks for

the basis of the contract cost, HP may terminate the agreement;

In the event of a breach of an obligation under the agreement, such as

UMMC’s failure to store the consumables properly or to have a Qualified

Operator present during printing;

by either party at any time upon thirty (30) days written notice;

in the event of any reduction in available funds to UMMC, the contract may

be terminated without penalty to UMMC; and

failure by HP to comply with the federal E-Verify Program.

Contract Amount: The total cost of both contracts is $1,325,381.00. The purchase

cost of the HP Indigo 7600 is $589,181.00. The service and consumables contract will

cost an estimated $736,200.00. A breakdown of the service and consumables contract

is as follows:


CONSENT AGENDA

FINANCE

February 20, 2014

Page 8 of 17

Funding Source of Contract: The agreement will be funded by general funds.

Contractor Selection Process: For the purchase of the HP Indigo 7600 printing

press, CDW is an approved vendor contracted with Novation, UMMC’s primary

group purchasing organization (GPO) pursuant to Miss. Code Ann. §31-7-13 (m)(x).

For the service and consumables for UMMC’s existing and new printing press, HP is

the sole provided for service, commodities ad supplies for this equipment.


Service Contracts, Board approval is required prior to execution of the contract

for all other land, personal property, and service contracts that require an

aggregate total expenditure of more than $250,000. The agreement has been

reviewed and approval by the Attorney General’s is contingent upon Indigo

America, Inc. obtaining a Certificate of Authority to Transact Business from

Monthly Cost Year 1 Cost Year 2 Cost Total

HP Indigo 7600 n/a 589,181.00$ -$ 589,181.00$

Total Equipment Purchase Cost 589,181.00$ -$ 589,181.00$

Monthly Cost Year 1 Cost Year 2 Cost Total

HP Indigo 5500

Service 1,700.00$ 20,400.00$ 20,400.00$ 40,800.00$

Consumables 9,000.00$ 108,000.00$ 108,000.00$ 216,000.00$

HP Indigo 7600

Service* 2,050.00$ -$ 24,600.00$ 24,600.00$

Consumables 14,000.00$ 168,000.00$ 168,000.00$ 336,000.00$

Variables

20% of consumable cost

for all variables 4,600.00$ 55,200.00$ 55,200.00$ 110,400.00$

HP SmartStream IN100 Pro Print Server

Service Charge 350.00$ 4,200.00$ 4,200.00$ 8,400.00$

Total Service and Consumables Cost 355,800.00$ 380,400.00$ 736,200.00$

*Service fee begins after six (6) month warranty and six (6) month waiver offered in the contract.

Year 1 Cost Year 2 Cost Total

Total Contract Cost 944,981.00$ 380,400.00$ 1,325,381.00$

HP Indigo Purchase via CDW

HP Indigo Shared Service with Supplies Agreement and Supplement Equipment Addendum


CONSENT AGENDA

FINANCE

February 20, 2014

Page 9 of 17

the Mississippi Secretary of State. Board staff approval is contingent upon

receipt of DFA sole source certification by the Attorney General’s Office.

c. Agenda Item Request: The University of Mississippi Medical Center (UMMC)

requests permission to enter into an agreement with Henry Schein, Inc. to purchase

dental supplies for use in clinical and educational settings.

Contractor’s Legal Name: Henry Schein, Inc.

History of Contract: This is a new agreement.

After requesting bids for dental supplies in 2011, UMMC and Benco Dental entered

into a one-year agreement that ended in 2012. Since that time, UMMC has purchased

dental supplies from multiple vendors on an as-needed basis. Because the volume of

supplies needed by UMMC during this time was low, vendors were reluctant to offer

discounted prices. With the consolidation of University Dentists, UMMC expects the

volume of supplies needed by UMMC to increase, thus prompting UMMC to bid out

purchases once again.

Specific type of contract: Dental Supply Agreement

Purpose: The purpose of the agreement is for UMMC to purchase dental supplies

from a single vendor at guaranteed, discounted prices.

Scope of Work: Henry Schein, Inc. will provide dental supplies to UMMC at

guaranteed, discounted prices for three years.

Term of contract: The term of the agreement is three years starting on March 1,

2014 and ending on February 28, 2017.

Termination Options: Termination options include the following:

by either party upon thirty days written notice; and

by UMMC in the event of a reduction in funds.

Contract Amount: The estimated cost of the three-year agreement is $1,500,000.

The agreement does not require an annual purchase commitment from UMMC.

However, UMMC estimates that purchases in each year of the agreement will total

approximately $500,000.

Funding Source for Contract: General Funds


CONSENT AGENDA

FINANCE

February 20, 2014

Page 10 of 17

Contractor Selection Process: In July 2013, UMMC issued an Invitation for Bid

requesting bids for dental supplies used in clinical and educational settings. Bidders

were asked to submit prices for two groups of supplies: core supplies that are used

daily and optional supplies that are not used daily but for which it was desirable to

obtain discounted prices. Henry Schein, Inc. submitted the low bid for both groups of

supplies. In addition, their bid allows UMMC to purchase supplies not listed in either

group from its catalog at discounted prices.

Staff Recommendation: Based on Board Policy 707.01, Land, Property, and

Service Contracts, Board approval is required prior to execution of contracts for


total expenditure of more than $250,000. This agreement has been reviewed and

approved by the Attorney General’s Office. Board staff recommends approval

of this item.

d. Agenda Item Request: The University of Mississippi Medical Center (UMMC)

requests approval to enter into an agreement with Rockwell Medical (Rockwell) for

the purchase of acetate free dry citric acid concentrates, bicarbonate products and as

needed custom solutions for use in renal dialysis therapy.

Contractor’s Legal Name: Rockwell Medical (Rockwell)

History of Contract: This is a new agreement for the purchase of acetate free dry

citric acid concentrates, bicarbonate products and as needed custom solutions. For

patient safety and efficacy reasons, UMMC is changing the dialysis protocol from

using acetate and acetate containing solutions to the acetate-free dialysate

concentrated powder.

Specific Type of Contract: Purchase agreement.

Purpose: The purpose of this agreement is for the purchase of acetate free dry citric

acid concentrate powder, bicarbonate powder and custom solutions for the purpose of

treating patients receiving renal dialysis therapy.

Acetate has traditionally been used as a buffer in dialysate as opposed to bicarbonate

as it is converted into bicarbonate by the liver so the dialysate acts as an acid-based

balanced solution that is delivered into the patient’s blood. However, acetate has

many drawbacks and has been shown to cause inflammation which leads to

complication such as anemia and poor dialysis. Patients dialyzed without acetate or

acetate containing solutions have shown improvements in markers of inflammation

and anemia. Citrate has been shown to be a useful replacement for acetate because

like acetate it also is converted to bicarbonate by the liver. However, citrate offers


CONSENT AGENDA

FINANCE

February 20, 2014

Page 11 of 17

additional benefits. The additional benefits of citrate include anticoagulation of the

dialysis circuit, decreased risk of anemia, and a potential reduction in inflammation.

In addition, UMMC will see a cost savings as the powder is less costly, easier to store

and has a longer shelf life than that of liquid dialysates.

Scope of Work: Under the agreement, Rockwell Medical will provide to UMMC

dialysis concentrate at prices according to the quotation sheet on an “as needed” basis

for patient care; warranty that the goods furnished will be of quality and will be free

from defects; and products will be within The Association for the Advancement of

Medical Instrumentation (AAMI) standards and manufactured within FDA approved

Good Manufacturing Practices.

Term of Contract: The initial term of the agreement is for three (3) years with the

option to renew for up to two (2) one (1) year terms. The total maximum term of the

agreement is five (5) years, approximately March 1, 2014 through February 28, 2019.

UMMC is requesting approval for the maximum five (5) year term.


by either party at any time upon ninety (90) days written notice,

a breach by Rockwell of any representations and warranties to UMMC as

specified in the Standard Terms and Conditions Addendum,

an inability to agree to renegotiated contract terms in the event a change in

law occurs that materially restricts or prohibits the rights of either party or

otherwise makes it desirable for the parties to renegotiate the agreement,

failure by Rockwell to comply with the federal E-Verify Program, and

if the other party has become insolvent, has filed for bankruptcy, or has been

debarred or excluded from participating in federal health care programs.

Contract Amount: The total estimated contract cost for the maximum five (5) year

contract term and is $911,666.62. Below is the estimated total cost breakdown by

year:

Description of Product

Dry Citric Acid

Concentrate

Bicarbonate

Powder

Estimated

Customized

Solutions

Estimated

Fuel Surcharge Total

Year One 78,811.20$ 51,246.00$ 3,873.60$ 650.29$ 134,581.09$

Year Two 96,952.96$ 63,510.20$ 3,989.12$ 802.32$ 165,254.60$

Year Three 116,116.00$ 75,465.00$ 4,108.72$ 1,915.82$ 197,605.54$

Year Four (optional) 119,599.48$ 77,728.95$ 4,231.98$ 2,298.98$ 203,859.39$

Year Five (optional) 123,187.46$ 80,060.82$ 4,358.94$ 2,758.78$ 210,366.00$

Estimated Five Year Total 911,666.62$


CONSENT AGENDA

FINANCE

February 20, 2014

Page 12 of 17

Costs include a 15% price increase for custom solutions, price adjustments based on Consumer Price

Index (CPI) up to 3% and 2 % fuel surcharges if diesel increases 5 % above $3.883/gallon.

Funding Source of Contract: The current agreement will be funded by patient

revenues.

Contractor Selection Process: Rockwell Medical was chosen by UMMC because

this company is the sole manufacturer and distributor of acetate free dialysate.





approval by the Attorney General’s Office is contingent upon submission to the

Attorney General’s Office by UMMC of a copy of the Department of Finance

and Administration’s (DFA) certification of sole source within 10 days of receipt.

Board staff approval is contingent upon receipt of DFA sole source certification

by the Attorney General’s Office.

e. Agenda Item Request: The University of Mississippi Medical Center (UMMC)

requests approval to enter into an agreement with Therakos, Inc. for the purchase of

equipment and related supplies for UMMC’s newly established photopheresis

treatment program.

Contractor’s Legal Name: Therakos, Inc. (Therakos)

History of Contract: New

Specific Type of Contract: Master Single Site Agreement with accompanying

Product Schedule. UMMC may negotiate future Product Schedules with Therakos;

however, Board approval will be required.

Purpose: The purpose of the agreement and accompanying product schedule are for

the purchase of refurbished equipment and, related lighting equipment, supplies and

procedural kits.

Scope of Work: Therakos will provide the following:

One Therakos UVAR XTS Refurbished Photopheresis System that includes

the Therakos UVAR XTS Photopheresis System Light Assembly,

Two optional Therakos UVAR XTS Photopheresis System Light Assemblies,


CONSENT AGENDA

FINANCE

February 20, 2014

Page 13 of 17

UVAR XTS Procedural Kits (XT125 and XT001) and,

UVADEX (methoxsalen) Sterile Solution

Term of Contract: The term of the agreement is for three (3) years beginning on or

about March 1, 2014 through February 28, 2017.





reduction of funds,






failure by Therakos to comply with the federal E-Verify Program, and

a breach by Therakos of any representations and warranties to UMMC as

specified in the Standard Terms and Conditions Addendum.

Contract Amount: The total estimated contract cost for the three (3) year term is

$2,633,584.90. This total includes the following costs for the treatment of thirty-five

(35) patients yearly:

one-time purchase of a refurbished system w/ initial light assembly included -

$20,600.00,

optional purchase of system light assemblies in years 2 and 3 - $4,852.10,

purchase of an estimated 315 cases of procedural kits - $2,427,734.40, and

purchase of an estimated 105 cartons of sterile solution vials - $180,398.40.

While the initial equipment cost is a one-time cost, UMMC estimates an annual 20%

price increase for consumables (kits & solution) cost for years 2 and 3 of the contract

due to anticipated increases in patient volume as well as anticipated increases in the

list cost of consumables as Therakos may change the cost at any time. In addition,

UMMC estimates an annual 20% price increase for the cost of the optional lighting

equipment after year 1 of the agreement.


CONSENT AGENDA

FINANCE

February 20, 2014

Page 14 of 17

A breakdown of the total estimated costs of the agreement including any anticipated

price increase is below.

Equipment Cost Total

Refurbished UVAR XTS

Photopheresis System

$20,600

$20,600

Consumables Year 1 Year 2 (includes 20%

increase)

Year 3 (includes 20%

increase)

UVAR XTS Procedural Kits $666,960.00 $800,352.00 $960,422.40 $2,427,734.40

UVADEX Solution $49,560.00 $59,472.00 $71,366.40 $ 180,398.40

UVAR XTS Light

Assembly

$0

$2,205.50

$2,646.60

$ 4,852.10

Estimated Total Cost $737,120.00 $862,029.50 $1,034,435.40 $2,633,584.90


Contractor Selection Process: Sole source. The vendor is the sole manufacturer and

distributor of photopheresis equipment and/or supplies in the United States.





approved by the Attorney General’s Office contingent upon submission of a

copy of the Department of Finance and Administration’s (DFA) certification of

sole source. Board staff approval is contingent upon receipt of DFA sole source

certification by the Attorney General’s Office.

5. USM-PERMISSION TO REPLACE GUARANTOR TO EXISTING LEASE

AGREEMENT

Agenda Item Request: The University of Southern Mississippi requests approval for the

University to enter into a Guaranty of Lease Agreement to release Bracco Diagnostics,

Inc. (Bracco) as the Existing Guarantor and accept Emergent BioSolutions, Inc.

(Emergent) as the Replacement Guarantor for the Lease Agreement with the University

and E-Z-EM, Inc. dated October 21, 2010.

Contractor's Legal Name: Emergent BioSolutions, Inc.


CONSENT AGENDA

FINANCE

February 20, 2014

Page 15 of 17

History of Contract: The lease between E-Z-EM/Bracco and the University was

approved by the IHL Board in October, 2010 and was executed on October 21, 2010.

Under the current lease agreement, E-Z-EM was leasing approximately 3,180 square feet

in the University's Accelerator building located in the Innovation and Research Park. The

lease term was for one year with the tenant being allowed to renew the lease for up to nine

additional one year terms. The rent during the fifth through ninth renewal terms would

increase in accordance with a cost of living adjustment. E-Z-EM is a wholly owned

subsidiary of Bracco. As such, Bracco signed a Guaranty of Lease Agreement to the

University on October 22, 2010, guaranteeing all obligations of E-Z-EM under the Lease.

The initial annual rent for this lease was $63,600.

Emergent agreed to purchase the Mississippi assets of Bracco/E-Z-EM including an

assignment of the Lease Agreement with University dated October 21, 2010. The

University consented to the assignment by Bracco/E-Z-EM on December 13, 2013,

without releasing Bracco from the Guaranty. Bracco and Emergent have now requested

that the University release Bracco as the Existing Guarantor and accept Emergent as the

Replacement Guarantor. Emergent is publicly traded on the New York Stock Exchange

and the University supports this request.

Specific type of contract: Guaranty of Lease Agreement

Purpose: The purpose is to replace Bracco as Guarantor of the E-Z-EM Lease Agreement

with the University now with Emergent.

Scope of Work: The University would continue to provide services listed in Section 8 of

the Lease including but not limited to janitorial, electricity, water, building maintenance of

structure and general mechanical, electrical, plumbing and common area maintenance and

security. E-Z-EM/Emergent would continue to pay for its internet usage and phone

service.

Term of contract: The initial lease term of one year commenced in 2011 on the day after

the expiration of the Transition period. The lease term will automatically renew for up to

nine (9) one year term renewals unless the lease is terminated by Tenant upon sixty days'

notice to University prior to the current term expiration. The full 10-year period of lease

will expire no later than February 28, 2021,

Termination Options: The lease may be terminated by Tenant upon sixty (60) days

written notice to the University prior to the expiration of the current lease term. The lease

may be terminated by either party for cause upon thirty (30) days written notice provided

that the party so notified has not commenced cure of the cause for termination during said

period.


CONSENT AGENDA

FINANCE

February 20, 2014

Page 16 of 17

Contract Amount: Beginning with the initial one year term, the annual rent to be paid to

University was $63,600. When the lease is automatically renewed, the University receives

an additional annual rent of $63,600. Total rent for all renewal terms would be $636,000

plus consumer price index increases during the fifth through ninth renewal terms. None of

the financial terms from the original lease agreement are being altered as a result of the

change in guarantors.

Funding Source for Contract: This is a revenue contract agreement.

Contractor Selection Process: Not-applicable

Staff Recommendation: Based on Board Policy 707.01, Personal Property and

Service Contracts, Board approval prior to execution of leases in an amount greater

than $100,000 is required. The contractual alterations and related guarantor

agreement has been reviewed and approved by the Attorney General’s Office. Board

staff recommends approval of this item.

6. USM – GS 108-261 – SCHOOL OF NURSING BUILDING – APPROVAL TO

EXECUTE THE NOTICE OF FEDERAL INTEREST (NFI)

Project Request: The University requests approval to execute the Notice of Federal

Interest (NFI) as required for all Capital Improvement Program or Facility Investment

Program projects funded by the Department of Health and Human Services. The Notice of

Federal Interest (NFI) will be recorded in the land records of Forrest County, Mississippi,

and will apply to Federal Grant#C76HF20718-01-00. Federal Grant #C76HF15020-01-00

was previously issued for design only and the Notice of Federal Interest (NFI) was not

requested as part of the terms and conditions of this grant. This grant applies to the

proposed Nursing Building at the University.

Purpose: The University of Southern Mississippi is seeking Board approval to execute

the Notice of Federal Interest (NFI) as required by the Department of Health and Human

Services. The university received IHL Board approval to increase the project budget for

GS #108-261, School of Nursing Building, to $30 million at the August 15, 2013 Board

meeting. The $30 million budget includes $4,229,280 from two federal grants by the

Department of Health and Human Services. The first grant was Federal Grant

#C76HF15020-01-00 in the amount of $1,506,780 for the design of the nursing facility

only and a Notice of Federal Interest (NFI) was not required as part of the grant terms and

conditions. In order to receive the federal funds for second Federal Grant #C76HF20718-

01-00 in the amount of $2,722,500, the university is required to execute the Notice of

Federal Interest (NFI) granting the federal government an interest in the real property

where the School of Nursing facility will be located.


CONSENT AGENDA

FINANCE

February 20, 2014

Page 17 of 17

The project will include design, construction, furnishing and equipping of a new 84,682

square foot facility for the College of Nursing. The facility will include classrooms, labs,

administrative, faculty, and staff offices as well as food service and other support spaces.

It will be located at Montague Blvd and Ross Blvd, in accordance with the IHL Board

approved Campus Facilities Master Plan.

Project Initiation Date: September 17, 2009

Date of Original Construction: New Building

Date of Last Renovation: New Building

Project Budget:

Estimated

Construction Cost: $ 25,147,471.00

Architectural and Engineering Fees: 1,495,155.00

Miscellaneous Project Costs: 2,100,000.00

Contingency: 1,257,374.00

Total Project Budget $ 30,000,000.00

Proposed Funding Source(s): Federal Grant #C76HF15020-01-00 ($1,506,780); Federal

Grant #C76HF20718-01-00 ($2,722,500); S.B. 2913, Laws of 2013 ($20,000,000); Private

Donations ($5,770,720)

Staff Recommendation: The Attorney General’s Office has reviewed and approved

this item. Board staff recommends approval of this item.


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 1 of 12

Note: Project numbers beginning with the prefix "GS" designate projects that the Bureau

of Building provides management oversight for and are funded partially or wholly with

state Bureau of Building bond revenues. Project numbers beginning with the prefix "IHL"

designate projects that are funded from university self-generated sources including but not

limited to donations, fees, and grants.

Board Policy §902, Initiation of Construction Projects

The Board must approve the initiation of a project for the construction of new facilities,

repairs and renovations to existing facilities and requests for a capital outlay with a total

project budget exceeding $1,000,000 regardless of how the projects are financed. It is the

intent of the Board that its appropriate staff under the direction of the Commissioner shall be

involved in all phases of building projects requiring approval by the Board. All construction,

repairs, and renovation projects with a total budget of $1,000,000 or less may be approved by

the Institutional Executive Officer. However, all projects utilizing any state bond funds,

including Ayers funds, must be initiated with STAFF approval from the Office of Real Estate

and Facilities. No further approvals are required by IHL staff for projects of $1,000,000 or

less unless the budget changes. All budget changes for these projects must be reported to the

Office of Real Estate and Facilities.

Board Policy §904(A), Board Approval

When funding has been secured from whatever source, each institution shall bring all new

projects to the Board for the approval of the project initiation and the appointment of a design

professional, as required in Board Policy §902, Initiation of Construction Projects. This

request shall include a detailed description of the work to be accomplished, the total budget,

the funding source and the design professional recommended to the Board for approval.

After the Board has granted approval of both the initiation of a project and the appointment of

a design professional, no further Board action or approval is required for the completion of

the project if the following conditions are met:

1. The detailed description of the work to be accomplished, as specifically

approved by the Board within the project initiation, has not changed.

2. The total project budget has not increased beyond the amount specifically

approved by the Board as part of the project initiation;

3. The funding source has not changed from that specifically approved by the

Board as part of the project initiation; and

4. The design professional previously approved by the Board has not changed.


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 2 of 12

If the above four conditions have been met, the Board’s Real Estate and Facilities staff,

through the Commissioner, shall have the authority to approve any and all necessary

documents related to the completion of the subject construction project, including the

approval of construction documents, the advertisement and receipt of bids, the approval of a

bid, the award of a contract and any change orders.

Prior to the commencement of construction, the Board must approve the exterior design of the

major buildings that have aesthetic impact on the overall campus, regardless of the cost of the

project. This requirement applies to all buildings and facilities on an institution’s property

even if the land is leased to an institution’s affiliated entity or a private developer.

Board Policy §905(A), Real Estate Management

Prior Board approval is required for the execution of all leases, easements, oil and mineral

leases, and timber sales. Board approval prior to the execution of a contract for the sale of real

property is required for all land sales, regardless of the sale price. Prior Board approval is

required for the execution of all leases, easements, oil and mineral leases, and timber sales.

Request for approval of land contracts shall include property descriptions, terms of purchase,

lease, or sale and intended use of the property. An institution acquiring or disposing of real

property shall receive two independent appraisals. The purchase price of property to be

acquired shall not exceed the average of the two appraisals. The sale price of real property

shall be no less than the average of the two appraisals.

Board Policy §905(B), Real Estate Management

Prior to Board consideration of the purchase or acceptance of real estate from any source, a

Phase I or more detail Environmental Report shall be completed by qualified personnel and

submitted to the Board’s Real Estate and Facilities Office. In the event hazardous substances

are confirmed as having existed in the past or as presently existing, the Board reserves the

right to cancel the transaction without liability, or to permit the other party or parties to

remove the hazardous substances at its or their expense in a manner sufficient to receive a

“no further action” letter from the State’s Department of Environmental Quality.


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 3 of 12

APPROVAL OF INITIATIONS OF PROJECTS/APPOINTMENTS OF

PROFESSIONALS

BUREAU OF BUILDING PROJECTS

1. JSU – GS 103-277 – Library Envelope Repairs

Project Request: Jackson State University requests approval to initiate a project,

Library Envelope Repairs, and to retain/appoint Burris/Wagnon Architects as the

design professional.

Proposed Design Professional: Burris Wagnon Architects P.A.

Purpose: The project is currently in the design phase due to insufficient funds. The

university has since obtained the necessary funds to proceed with the project and

needs to escalate the project budget in order to allow the university to proceed with

the completion of the design phase, construction and the roof replacement. Jackson

State University originally initiated this project with the Bureau of Building in

October 20, 2012 with a budget of $115,000. The project was under the $1 million

threshold at the time and therefore did not require Board approval to initiate the

project. Since that time the project has exceeded the $1 million threshold but Jackson

State University did not have the funds to proceed with the project. The project

budget is now in excess of $1 million and the project requires the Board to approve

the initiation of the construction project.

The project will consist of repair and/or replacement of brick veneer and the steel

angle support the masonry. The relieving angles have been damaged from long term

moisture in the cavity which may require new flashing and moisture proofing of the

cavity during the remedial work. The budget escalation is requested by the university

in an effort to help ensure the life safety of the students, faculty and staff. The

university believes that it is vital that the exterior walls undergo repairs and/or

replacement.

Jackson State University is acting in accordance with Board Policy §904(A), Board

Approval, that requires each institution to submit all project changes of scope and

budget increases to the Board for approval.

Project Initiation Date: February 20, 2014

Date of Original Construction: Not applicable


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 4 of 12

Date of Last Renovation: Not applicable

Proposed Project Budget:

Estimated


Architectural and Engineering Fees: 107,310.98

Miscellaneous Project Costs: 9,050.00

Contingency: 70,706.42


Proposed Funding Source(s): HB 1701, Laws of 2010 ($115,000); HBCU Funds in

SB 2851, Laws of 2013 ($961,000) and Capital Expense Funds in SB 2851, Laws of

2013 ($474,000)

Staff Recommendation: Board staff recommends approval of this item.

IHL PROJECTS

2. UM – IHL 207-377 – UM Athletics Facility Improvements

Project Request: The University of Mississippi requests approval to initiate a

project, UM Athletics Facility Improvements, and to retain/appoint AECOM as the

primary design professional. The university will come back to the Board and seek

approval of initiation and additional design professional(s) for smaller portions of the

project should the costs exceed $1 million.

Proposed Design Professional: AECOM

Purpose: The University of Mississippi requests permission to initiate a project and

hire AECOM as the primary design professional. Any smaller projects that “break

off” with separate design professionals of record will follow IHL and Board policy

currently in place. Additional items will be submitted for initiation where the project

cost is over $1 million, and design professional RFQ and interview will occur for

projects over $3 million.


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 5 of 12

As part of a master plan to improve Ole Miss Athletics facilities, the University of

Mississippi has recognized the need to renovate the football stadium, athletics support

buildings surrounding the stadium and the women’s athletics complex. The expected

scope of this project includes the expansion of Vaught-Hemingway Stadium through

enclosing the endzone on the north side and adding suites and skyboxes on the south

and west sides, improving the FedEx Academic Support Center, improving and

repurposing the Starnes Athletic Center to hold the ticket office, Ole Miss Athletics

Foundation office and Rebel Shop as well as improving the Gillom Sports Center.

This project will be an integral outcome of the Ole Miss Athletics Foundation’s

“Forward Together” fundraising campaign. Ole Miss Athletics selected AECOM to

work with them to develop preliminary designs. This selection was made through a

competitive process that included input from University of Mississippi personnel, and

the prospective firms were limited to those who had proven expertise in other projects

on the university campus.

The University of Mississippi requests permission to initiate this project and retain

AECOM who has been involved since the inception of the project.

Design and construction will be financed with revenues from the Ole Miss Athletics

Foundation’s “Forward Together” campaign and UMEBC financing. Future revenues

pledged as part of the Forward Together campaign and tied to seating arrangements in

Vaught-Hemingway Stadium will provide the cash flow to service principal and

interest financing payments.

Within this agenda item, the University of Mississippi is asking permission to initiate

the project, approve the design professional, and move forward with the design phase.

Sufficient private gifts are on hand to cover these design costs. The University of

Mississippi will request approval to move beyond the design phase, construct,

finance, and provide a total estimated budget with a future IHL agenda item. At that

time, the university may deem it necessary to divide the project into multiple projects.

If so, additional items will be submitted for initiation where the project cost exceeds

$1 million, and design professional RFQ and interview will occur for projects over $3

million.

The University of Mississippi is seeking to initiate the project in accordance with

Board Policy §904(A), Board Approval, that requires each institution to bring all new

projects to the Board for the approval of the project initiation and the appointment of

a design professional, as required in Board Policy §902, Initiation of Construction

Projects.



CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 6 of 12

Date of Original Construction: Not applicable

Date of Last Renovation: Not applicable


Estimated

Construction Cost: $ 0.00

Architectural and Engineering Fees: 2,400,000.00

Miscellaneous Project Costs: 0.00

Contingency: 0.00


Proposed Funding Source(s): Private donations received through the Ole Miss

Athletics Foundation’s “Forward Together” fundraising campaign ($2,400,000)


3. UM – IHL 207-378 – New Student Housing at Northgate

Project Request: The University of Mississippi requests approval to initiate a

project, New Student Housing at Northgate, and to appoint Cooke Douglass Farr

Lemons – Eley Guild Hardy – A Joint Venture as the design professionals.

Proposed Design Professional: Cooke Douglass Farr Lemons / Eley Guild

Hardy – A Joint Venture

Purpose: As demonstrated by the university’s November 2013 agenda item to the

Board regarding student housing, student enrollment continues to increase

dramatically and the demand for on-campus housing follows. The University of

Mississippi’s November 2013 submittal addressed student housing scheduled to come

on-line in August 2016 following the Request for Proposal (RFQ) process. The

current request is an additional student housing project following an aggressive

schedule intended to be complete in time to open in August 2015. The University of

Mississippi feels the best chance of success is to minimize design time by appointing

Cooke Douglass Farr Lemons / Eley Guild Hardy – A Joint Venture as the design

professional. The university will use the existing design of a building recently

completed on the Oxford campus in August 2013. Modifications will be made to

suite the Northgate site. The building is anticipated to be four (4) or five (5) stories


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 7 of 12

providing 250-300 additional beds. While the primary purpose of this request is

driven by time, the university will benefit from reduced design fees as well.

The University of Mississippi is seeking to initiate the project and appoint the design

professional in accordance with Board Policy §904(A), Board Approval, that requires

each institution to bring all new projects to the Board for the approval of the project

initiation and the appointment of a design professional, as required in Board Policy

§902, Initiation of Construction Projects.


Date of Original Construction: New Building

Date of Last Renovation: New Building


Estimated


Architectural and Engineering Fees: 844,654.00

Miscellaneous Project Costs: 728,450.00

Furniture & Equipment Costs: 480,000.00

Contingency: 2,346,896.00


Proposed Funding Source(s): Internal R&R ($18,000,000)


APPROVAL OF BUDGET INCREASES AND/OR CHANGES OF SCOPE/FUNDING

SOURCE(S)

IHL PROJECTS

4. UM – IHL 207-361 – Lamar Hall Phase II-B

Project Request: The University of Mississippi requests approval to increase the

budget for the Lamar Hall Phase II-B project. The budget will increase from

$7,500,000.00 to $ 7,800,000.00, an increase of $300,000.00.


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 8 of 12

Project Phase: Construction Phase

Design Professional: Barlow Eddy Jenkins, Architects

General Contractor: D. Carroll Construction, LLC

Purpose/Justification: The project is currently in the construction phase. This is the

first budget escalation request made for this project by the university. The University

of Mississippi requests approval to increase the project budget for the project from

$7,500,000 to $7,800,000 to offset the $300,000 of additional work required on the

project due to latent conditions.

The scope of this project includes roof replacement, refurbishment of existing tiered

classrooms, upper level window replacement, office renovation, and installation of

new mechanical, electrical, and plumbing systems. This is the final phase of a

complete renovation that addresses major building infrastructure issues and provides

needed classroom and academic office space at the core of campus.

The University of Mississippi is acting in accordance with Board Policy §904(A),

Board Approval, that requires each institution to submit all project changes of scope

and budget increases to the Board for approval.

Project Initiation Date: August 16, 2012

Project Budget:

Current Budget Proposed Budget Amount (+/-)

Construction

Costs $ 5,458,223.00 $ 5,958,058.00 $ 139,835.00

Architectural and

Engineering Fees $ 464,233.00 $ 475,351.00 $ 11,118.00

Miscellaneous

Project Costs $ 148,140.00 $ 148,140.00 $ 0.00

Furniture &

Equipment Costs $ 1,269,324.00 $ 1,269,324.00 $ 0.00

Contingency $ 160,080.00 $ 309,127.00 $ 149,047.00

Total Project

Budget $ 7,500,000.00 $ 7,800,000.00 $ 300,000.00


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 9 of 12

Funding Source(s) Internal R&R funds ($7,800,000)


APPROVAL OF OTHER REAL ESTATE REQUESTS

5. JSU- Granting of a Temporary Easement and Right-of-Way to MDOT

Project Request: Jackson State University requests approval grant a temporary

easement and right-of-way MDOT for public improvements, grading, sodding, and

other construction on university property adjacent to Mississippi Veteran’s Memorial

Stadium at South Stadium Drive roadway from the intersection of Woodrow Wilson

Avenue north to the intersection of Stadium Drive encompassing the width of Jackson

State University’s right-of-way.

Purpose: This project consists of a temporary easement for the term of Project No.

502350/305000 LWO-9023-25(003) to use, occupy, improve, grade, sod, ditch, drain

and otherwise use for as necessary for construction, subject to change by the Federal

Highway Administration on, under and across JSU’s property located at SE ¼,

Section 27, Township 6 North, Range 1 East, First Judicial District, Hinds County,

City of Jackson, Mississippi.

Terms: The grantee shall have the right to use, occupy, improve, grade, sod, ditch,

drain, and otherwise use for construction purposes so long as necessary to complete

the construction project in accordance with the plans and specifications for the project

being subject to the Federal Highway Administration. Upon completion of the said

work of construction the said temporary easement shall terminate and all rights, title,

and interest in and to the described land shall revert to the grantors, their heirs,

assigns, legal representatives, or grantees.

Jackson State University is acting in accordance with Board Policy §905(A), Real

Estate Management, which requires prior Board approval for the execution of all

leases, easements, oil and mineral leases, and timber sales. A copy of the legal

description of the access easement is on file with the Office of Real Estate and

Facilities.

Staff Recommendation: The Attorney General’s Office has reviewed and

approved this item. Board staff recommends approval of this item.


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 10 of 12

6. MSU – Approval of the Exterior Design for the Alpha Delta Pi Sorority House

Project Request: Mississippi State University requests approval of the exterior

design of the proposed Alpha Delta Pi Sorority House. (See Rendering of Building on

Pages 10 and 11)

Purpose: Mississippi State University is seeking Board approval of the project’s

exterior design. The project is currently in the design phase and will be constructed

by Alpha Delta Pi Sorority on leased land from the university. The new sorority

house will consist of approximately 16,800 square feet. This is a modification of a

prior version of the exterior of the Alpha Delta Pi Sorority house. The facility went

from an original three level design to a two level design.

Mississippi State University is seeking approval of the exterior design of the building

in accordance with Board Policy §904(A), Board Approval, that requires the Board to

approve the exterior design of the major buildings that have aesthetic impact on the

overall campus, regardless of the cost of the project.


Rendering 1: (Front of Building)


CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 11 of 12

Rendering 2: (Rear of Building)

7. MSU – Approval of the Exterior Design for the Delta Gamma Sorority House

Project Request: Mississippi State University requests approval of the exterior

design of the proposed Delta Gama Sorority House. (See Rendering of Building on

Page 12)

Purpose: Mississippi State University is seeking Board approval of the project’s

exterior design. The project is currently in the design phase and will be constructed

by Delta Gamma Sorority on leased land from the university. The existing sorority

house consists of approximately 16,094 square feet. The project will renovate the

existing square footage and add an additional 7,936 square feet to the house to bring

the total square footage of the facility to approximately 24,030.

Mississippi State University is seeking approval of the exterior design of the building

in accordance with Board Policy §904(A), Board Approval, that requires the Board to

approve the exterior design of the major buildings that have aesthetic impact on the

overall campus, regardless of the cost of the project.



CONSENT AGENDA

REAL ESTATE

FEBRUARY 20, 2014

Page 12 of 12

Rendering 1: (Front of Building)

Rendering 2: (Rear of Building)


CONSENT AGENDA

LEGAL

FEBRUARY 20, 2014

PAGE 1 OF 1

1. MSU – APPROVAL OF RENEWAL OF LEGAL SERVICES AGREEMENT

WITH STITES & HARBISON, PLLC

MSU requests approval to renew a contract with Stites & Harbison, PLLC, located at 401

Commerce Street, Suite 800, Nashville, TN 37219, to provide services necessary in

assisting Mississippi State University with obtaining patents for designs, processes,

products and other patentable materials developed in connection with the university. The

contract will be for one (1) year or until March 20, 2015. The hourly rates to be paid the

firm’s attorneys will range from $165 to $310, and the hourly rate for paralegals will be

$95, which are the same rates agreed to in the prior contract with this firm. The

maximum amount payable under the contract will be $100,000.

BOARD RECOMMENDCATION: The Attorney General has approved this

request. Board staff recommends approval of this item.

2. USM – APPROVAL TO HIRE BRYAN NELSON, P.A. AS OUTSIDE COUNSEL

The University of Southern Mississippi requests Board approval to hire the law firm of

Bryan Nelson P.A., as outside counsel to perform services as necessary and render legal

advice in the practice areas of higher education law; employment law including EEOC,

ERISA and employee benefits litigation; interpretation and enforcement of construction

contracts; drafting and review of complex contracts; interpretation of contractual

language, negotiation, and possible litigation relating to insurance issues; litigation of

contract disputes and other matters not covered by the Mississippi Tort Claims Act; and

disability law. The request includes the use of any and all attorneys employed by the

firm, at the discretion of the firm, whose expertise and experience is required to assist in

the representation of the University pursuant to the agreement. The hourly rate to be

charged will be $165.00 per hour for attorneys and $65.00 per hour for the time expended

by paralegals. The approval will be for a period of time beginning on March 22, 2014,

and expiring on March 21, 2015. The maximum amount budgeted for payment of legal

fees under this agreement would be $50,000.

BOARD RECOMMENDCATION: The Attorney General has approved this

request. Board staff recommends approval of this item.


CONSENT AGENDA

PERSONNEL

February 20, 2014

Page 1 of 5

APPROVAL OF PERSONNEL ACTION REQUESTS

1. Change of Status

MVSU

Kevin Williams, from Associate Vice President for Enrollment Management; salary of

$95,000 per annum, pro rate; E&G Funds; to Dean of Enrollment Management, no salary

change; effective January 13, 2014.

USM

Frances Lucas, from Vice President and Campus Executive Officer for Gulf Coast; to Vice

President for Gulf Park Campus, no salary change; effective March 1, 2014.

Denis Wiesenburg, from Provost and Professor of Marine Science; to Provost and Vice

President for Academic Affairs and Professor of Marine Science, no salary change; effective

March 1, 2014.

2. Sabbatical

MUW

Thomas G. Velek, Professor of History, from salary of $73,505 per annum, pro rata; E&G

Funds; to salary of $36,752.50 for sabbatical period; E&G Funds; effective August 13, 2014

to December 15, 2015; professional development

UM (All on nine-month contract except where denoted * for twelve-month contract)

Dr. Allison Paige Burkette, Associate Professor of Modern Languages, from salary of

$59,815 per annum, pro rata; E&G Funds; to salary of $29,907 for sabbatical period; E&G

Funds; effective January 21, 2015 to May 9, 2015; professional development

Dr. Marco Cavaglia, Associate Professor of Physics and Astronomy, from salary of $75,852

per annum, pro rata; E&G Funds; to salary of $37,926 for sabbatical period; E&G Funds;

effective August 20, 2014 to May 9, 2015; professional development

Dr. Elizabeth K. Ervin, Associate Professor of Civil Engineering, from salary of $88,317 per

annum, pro rata; E&G Funds; to salary of $44,158 for sabbatical period; E&G Funds;

effective August 20, 2014 to December 31, 2014; professional development


CONSENT AGENDA

PERSONNEL

February 20, 2014

Page 2 of 5

*Dr. Iwo Labuda, Chair and Professor of Mathematics, from salary of $133,211 per annum,

pro rata; E&G Funds; to salary of $49,954 for sabbatical period; E&G Funds; effective

August 30, 2014 to December 31, 2014; professional development

Matthew L. Long, Associate Professor of Art, from salary of $65,563 per annum, pro rata;

E&G Funds; to salary of $32,781 for sabbatical period; E&G Funds; effective August 20,

2014 to May 9, 2015; professional development

Jennifer Mizenko, Professor of Theatre Arts, from salary of $73,193 per annum, pro rata;

E&G Funds; to salary of $36,596 for sabbatical period; E&G Funds; effective January 21,

2015 to May 9, 2015; professional development

Dr. Michael C. Mossing, Associate Professor of Chemistry and Biochemistry, from salary of

$80,078 per annum, pro rata; E&G Funds; to salary of $40,039 for sabbatical period; E&G

Funds; effective January 21, 2015 to May 9, 2015; professional development

Dr. Brice Noonan, Assistant Professor of Biology, from salary of $65,631 per annum, pro

rata; E&G Funds; to salary of $32,815 for sabbatical period; E&G Funds; effective January

21, 2015 to May 9, 2015; professional development

Dr. Timothy W. Nordstrom, Associate Professor of Political Science, from salary of $77,697


effective January 21, 2015 to May 9, 2015; professional development

*Dr. Ted. Ownby, Director of the Center for the Study of Southern Culture and Professor of

History, from salary of $133,046 per annum, pro rata; E&G Funds; to salary of $49,892 for

sabbatical period; E&G Funds; effective August 20, 2014 to December 31, 2014; professional

development

Dr. Christian Sellar, Assistant Professor of Public Policy Leadership, from salary of $59,510


effective January 21, 2015 to December 31, 2015; professional development

Dr. Jason David Solinger, Assistant Professor of English, from salary of $59,200 per annum,


January 21, 2015 to May 9, 2015; professional development

Dr. Sandra M. Spiroff, Associate Professor of Mathematics, from salary of $69,000 per




CONSENT AGENDA

PERSONNEL

February 20, 2014

Page 3 of 5

Dr. Tamara J. Warhol, Associate Professor of Modern Languages, from salary of $59,839 per



Dr. Kelly Gene Wilson, Professor of Psychology, from salary of $78,742 per annum, pro

rata; E&G Funds; to salary of $39,371 for sabbatical period; E&G Funds; effective August

20, 2014 to May 9, 2015; professional development

Dr. Noell Rebecca Howell Wilson, Croft Assistant Professor of History and International

Studies, from salary of $57,718 per annum, pro rata; E&G Funds; to salary of $28,859 for

sabbatical period; E&G Funds; effective August 20, 2014 to May 9, 2015; professional

development

Dr. Alexander B. Yakovlev, Professor of Electrical Engineering, from salary of $113,479 per


effective August 20, 2014 to December 31, 2014; professional development.

USM

Mary Ann Adams, Professor of Child and Family Studies, from salary of $88,068 per annum,


August 18, 2014 to December 31, 2014; professional development.

Wendy Atkins-Sayre, Associate Professor of Communication Studies, from salary of $65,492



Parthapratim Biswas, Associate Professor of Physics and Astronomy, from salary of $62,835

per annum, pro rata; E&G Funds; to salary of $31,417.50 for sabbatical period; E&G Funds;

effective August 18, 2014 to May 19, 2014; professional development.

Daniel Capper, Associate Professor of Religion, from salary of $56,350 per annum, pro rata;


2014 to December 31, 2014; professional development.

Clifton Dixon, Associate Professor of Geography, from salary of $91,562 per annum, pro rata;




CONSENT AGENDA

PERSONNEL

February 20, 2014

Page 4 of 5

Leah Fonder-Solano, Professor of Foreign Languages and Literatures, from salary of $61,956



Andrew Haley, Associate Professor of History, from salary of $57,809 per annum, pro rata;



Kay Harris, Associate Professor of English, from salary of $54,059 per annum, pro rata; E&G

Funds; to salary of $30,035 for sabbatical period; E&G Funds; effective January 1, 2015 to

May 19, 2015; professional development.

Fujun Lai, Professor of Management, from salary of $118,500 per annum, pro rata; E&G

Funds; to salary of $65,835 for sabbatical period; E&G Funds; effective January 1, 2015 to

May 19, 2015; professional development.

Marcos Machado, Associate Professor of Music, from salary of $56,474 per annum, pro rata;



Michael Madson, Associate Professor of Psychology, from salary of $62,545 per annum, pro

rata; E&G Funds; to salary of $34,745 for sabbatical period; E&G Funds; effective January

1, 2015 to May 19, 2015; professional development.

Morgan Rempel, Associate Professor of Philosophy, from salary of $54,421 per annum, pro

rata; E&G Funds; to salary of $28,150 for sabbatical period; E&G Funds; effective January 1,

2015 to May 19, 2015; professional development.

Ward Sayre, Associate Professor of Economics, from salary of $76,302 per annum, pro rata;

E&G Funds; to salary of $ 33,912 for sabbatical period; E&G Funds; effective August 18,


Marek Steedman, Associate Professor of Political Science, from salary of $56,899 per annum,


January 1, 2015 to May 19, 2015; professional development.

Chaoyang Zhang, Professor and Director of Computing, from salary of $104,732 per annum,

pro rata; E&G Funds; to salary of $58,185for sabbatical period; E&G Funds; effective

January 1, 2015 to May 19, 2015; professional development.


CONSENT AGENDA

PERSONNEL

February 20, 2014

Page 5 of 5

THE UNIVERSITY OF MISSISSIPPI REQUESTS RETROACTIVE APPROVAL OF

THE FOLLOWING PERSONNEL ACTION REQUESTS

3. Employment

UM (Hire with Tenure – also reported under Tenure Section below)

Jocelyn Tipton, M.L.S.; Assistant Dean for Public Services and Associate Professor; salary

of $92,000, per annum, pro rata; E&G funds; hired with tenure; effective June 1, 2013

4. Tenure

UM

Weixing Chen, Ph.D; Chair and Professor of Public Policy Leadership (New hire with

tenure; twelve-month contract); effective August 1, 2013

Eric Lambert, Ph.D; Chair and Professor of Legal Studies (New hire with tenure; twelve-

month contract); effective August 15, 2013

Jocelyn Tipton, M.L.S.; Assistant Dean for Public Services and Associate Professor (New

hire with tenure; twelve-month contract); effective June 1, 2013

REGULAR

AGENDAS


REGULAR AGENDA

ACADEMIC AFFAIRS

February 20, 2014

Page 1 of 6

1. SYSTEM – APPROVAL OF NEW ACADEMIC PROGRAMS

In accordance with Board Policy 501: Academic Programs and Units “All new curricula,

departments, programs of study, organized research or services being proposed by any or all

of the institutions must be submitted to the Board and must be approved by the Board before

being initiated,” Board approval is requested for establishing six new academic programs.

a. Jackson State University requests approval to offer the Bachelor of Science in

Biomedical Engineering degree.

CIP: 14.0501

Hours to Degree: 128 credit hours

State Need: The Bureau of Labor Statistics, US department of Labor, indicates that

Biomedical Engineering is the third fastest growing occupation with a projected

increase of 61.7% from 2010-2020.

Employment: Mississippi Employment Data shows the projected need for

Biomedical Engineers in Mississippi at 80%, well above the national projected

increase of 61.7%. Mississippi is building a Health Corridor in Jackson, and the

Biomedical Engineering program fits well with this initiative.

Funding: The program will share resources (laboratories and faculty) with the

existing Electrical Engineering and Biology programs.

Enrollment: An estimate of 194 students is projected to enroll with a total of 25

students expected to graduate within the first six years.

Duplication: No similar programs are offered within the state.

STAFF RECOMMENDATION: Board staff recommends this program be granted an

exception for Board policy 511 and approval of this item.


REGULAR AGENDA

ACADEMIC AFFAIRS

February 20, 2014

Page 2 of 6

b. Jackson State University requests approval to offer the Bachelor of Science in Statistics

degree.

CIP: 27.0501


State Need: The Bureau of Labor Statistics, US department of Labor, indicates that

the need for Statisticians will grow, with a projected increase of 25% from 2008-

2018.

Employment: Because the use of statistical methods is common in all areas of

business, government, and natural and social sciences, there is strong demand for

individuals with all level of statistical training in Mississippi and nationwide. The

statistics show that employment of persons with a BS in Statistics in Mississippi is

expected to rise by 5.3% with a median wage increase of over 10%. The median

salary of persona identified as statistician in Mississippi is about $62,500.

Funding: The program will be funded with tuition revenue.



Duplication: No similar programs are offered within the system.

STAFF RECOMMENDATION: Board staff recommends approval of this item.


REGULAR AGENDA

ACADEMIC AFFAIRS

February 20, 2014

Page 3 of 6

c. Jackson State University requests approval to offer the Doctor of Philosophy in

Computational and Data-Enabled Science and Engineering degree.

CIP: 11.0701

Hours to Degree: 72 credit hours beyond Bachelor’s Degree

48 credit hours beyond Master’s Degree

State Need: The projected growth for Computer and Mathematical occupations and

Architecture and Engineering occupations in Mississippi shows a projected increase

of 20% from 2008-2018, with the highest demand being Network Systems and Data

Communications Analysts at a rate of about 43%. The proposed program will assist

in satisfying the need for additional employees in each of these fields in the state.

Employment: The Bureau of Labor Statistics shows that Computer and Information

Technology is expected to have 1.4 million job openings with about 50% of those

opening due to replacement needs. The Computational and data-Enabled Science and

Engineering program will produce African American PhDs that can be placed at other

institutions nationwide in order to address the critical need for educators.

Funding: The total cost to start up the program during the six year period is $45,630.

This is more than offset by the new research funding generated which should be

between $1-2 million.



Duplication: Mississippi State University offers a Doctor of Philosophy in

Computational Engineering degree.



REGULAR AGENDA

ACADEMIC AFFAIRS

February 20, 2014

Page 4 of 6

d. Jackson State University requests approval to offer the Doctor of Philosophy in

Engineering degree.

CIP: 14.0101

Hours to Degree: 72 credit hours beyond Bachelor’s Degree

36 credit hours beyond Master’s Degree

State Need: Mississippi’s Occupational Employment Projections note that the total

projected average annual job openings for engineers in the disciplines covered by the

proposed PhD program account for 41% of the total projected average annual job

opening for all engineering disciplines. Additionally, Vicksburg, MS, 40 minutes

from JSU, has the largest concentration of professional with PhDs in Civil

Engineering. The program addresses the workforce needs to fill these positions as

they become available.

Employment: National Engineering Employment Outlook for 2010-2020 shows

continuous increases in the need of engineers in the disciplines covered in the

proposed PhD program, with increases ranging from 5-22%. This trend implies the

need for highly educated engineers with terminal degrees who can either join the

workforces or become educators to support the need.

Funding: The total cost to start up the program during the six year period is

$169,709. This is more than offset by the new research generated which should be

between $2-4 million.



Duplication: Mississippi State University and the University of Mississippi offer a

Doctor of Philosophy in Engineering degree.



REGULAR AGENDA

ACADEMIC AFFAIRS

February 20, 2014

Page 5 of 6

e. Mississippi State University requests approval to offer the Doctor of Philosophy in

Physics degree.

CIP: 40.0801


State Need: The Physics Ph.D. degree will enable future students to fill the need in

Mississippi for physics professionals with advanced degrees. The need for graduates

with a Ph.D. in Physics is critical for education in Mississippi and for the high

technology hubs that are being introduced in the state.

Employment: The American Institute of Physics obtained statistics one year after

graduation for the Ph.D. degrees awarded in Physics in 2009 and 2010. Of the 1550

Physics Doctorates: 16% left the US, 4% of those in the US were unemployed the

winter after receiving their degrees, 1% of those in the US were not employed and not

seeking employment. It is anticipated that the students awarded Ph.D. degrees in

Physics from MSU will have similar statistics. Of the 31 MSU Ph.D. degrees in

Engineering (with concentrations on Applied Physics or the older concentration in

Engineering Physics), only one was unemployed six months after completion of their

Ph.D. degree.

Funding: No additional funds are being requested, as the faculty in the Department

of Physics and Astronomy already teach the required courses as well as advise the

graduate students.



Duplication: The University of Mississippi offers a Doctor of Philosophy in Physics

degree.



REGULAR AGENDA

ACADEMIC AFFAIRS

February 20, 2014

Page 6 of 6

f. Mississippi University for Women requests approval to offer the Master of Arts in

Women’s Leadership degree.

CIP: 05.0207


State Need: According to the US Bureau of Labor, industries and occupations

related to social assistance, health care, and education will be hiring the most new

workers, and at the same time professions requiring a master’s degree are expected to

grow the fastest. These trends hold for Mississippi as well.

Employment: National statistics show that the percentage of women in the work

force will increase significantly over the next five years, and that by 2018, the

women’s civilian labor force will increase by nearly 9%. The number of women aged

65-74 in the civilian labor force is projected to increase more than the number of

women in any other age group, increasing by 89.5%.

Funding: The total cost to start up the program during the six year period is $48,000.

The anticipated budget includes $8,000 for adjunct instructors for undergraduate core

classes so that full-time faculty may teach the graduate classes. After the first two

years, tuition will offset the cost of adjunct faculty.



Duplication: No similar programs are offered within the system.



REGULAR AGENDA

FINANCE

February 20, 2014

Page 1 of 5

1. SYSTEM -IHL INTERNAL AUDIT CHARTER

The IHL System Internal Audit Charter has been revised based on review and

recommendations by Carr, Riggs and Ingram, LLC in their role as consultants to the IHL

Internal Audit function. The charter revision is in compliance with Institute of Internal

Audit standards.

2. MSU- REQUEST FOR APPROVAL OF AUTHORIZATION OF A BOND

RESOLUTION TO ISSUE EDUCATIONAL BUILDING CORPORATION

BONDS NOT TO EXCEED $50 MILLION FOR CONSTRUCTION OF A

CLASSROOM BUILDING AND CAFETERIA AND FOR APPROVAL OF BOND

DOCUMENTS, BOND COUNSEL AND BOND COUNSEL FEES

Agenda Item Request: Mississippi State University (MSU) requests approval of a

Resolution for the MSU Educational Building Corporation (EBC) to issue up to a

maximum aggregate principal amount of $50 million of long-term bonds for the purpose

of constructing a classroom facility and cafeteria and for payment of issuance costs. MSU

requests approval of the related bond documents including the lease, ground lease,

preliminary offering statement, continuing disclosure agreement, official form of

proposal, escrow agreement, the bond purchase agreement in substantially final form, and

the permission to execute these documents.

MSU also requests approval of Bond Counsel – Jones Walker, LLP

Following are the other professionals:

Underwriters – Morgan Stanley & Company, LLC and Raymond James & Associates,

Inc.

Financial Advisor – First Southwest

History: The Classroom and Parking Garage Project (GS 105-345) was approved for

initiation by the Board at the May 2010 meeting as a Parking Garage project. In October

2012, the Board approved a request to change the Parking Garage project to include the

Classroom facility. The total project budget in October 2012 was $37.5 million, of this

amount $13 million came from state bond funds and $25.5 million from EBC bonds and

internal funds. In January 2014, the Board approved an increase in the project budget to

$41.3 million and to add Commercial Paper as a funding source. Of this amount, $29.5

million would be provided by EBC bonds and Commercial Paper and $11.8 million

would be provided by state bonds.

The Cafeteria project was initiated as Fresh Food Company Residential Dining Facility

(IHL 205-267) by interim Real Estate Chair approval in September 2012 with a scope of


REGULAR AGENDA

FINANCE

February 20, 2014

Page 2 of 5

seating for 500 customers at a budget of $10 million. Fresh Food Company is an Aramark

dining concept. In January 2013, the Board approved the project scope to include seating

for 650 customers at a budget of $12.5 million. At the January 2014, the project budget

was increased to $14.4 million through interim Real Estate Chair approval. The funding

source was approved as EBC bonds and Commercial Paper.

Purpose: The purpose is to approve a bond resolution and accompanying bond

documents not to exceed a par value of $50 million. Of this amount, $14,500,000 will be

used to construct the cafeteria building and $29,500,000 will be used to construct the

Classroom and Parking Garage facility. The remaining balance of $6,000,000 will be

used pay transaction costs ($585,000), capitalized interest ($4.5 million), and reserve for

changes in bond pricing ($918,272).

Specific Type of Contract: Long-term bonds

Scope of Work: The bond issue includes funds for construction of a Classroom and

Parking Garage facility and a Cafeteria. First Southwest is the financial advisor. Bond

Counsel is Jones, Walker, LLP, and the Underwriters are Morgan Stanley &

Company LLC with Raymond James & Associates, Inc.

Term of Contract: Long-term bonds will be issued with maturities up to 30 years.

Termination Options: The bond issue documents contain redemption provisions which

can be used in case of market changes.

Contract Amount: MSU will issue up to a maximum of $50 million par value in fixed

rate bonds. Based on the Financial Advisor’s report dated January 10, 2014, the proposed

debt amortization will have will have an average annual debt payment of $3.3 million at a

true interest cost of 5.02 percent. The analysis provided by the Financial Advisor assumes

that potentially $16.475 million may be issued as taxable bonds. The university has not

yet determined whether this portion of bonds will be issued as taxable or tax-exempt.

Future market conditions will influence this decision.

The Cafeteria project was initiated with Commercial Paper as a funding source along

with EBC bonds. At the January 2014 Board meeting, the Board also approved a request

to add Commercial Paper as a funding source for the Classroom and Parking Garage

project. Board Policy Section 906 requires that the Financial Advisor provide additional

analysis to support the use of Commercial Paper. Currently, the university does not

intend to use Commercial Paper. Such use will only be allowed following submission of

additional analysis by the Financial Advisor and subsequent approval by the Board.


REGULAR AGENDA

FINANCE

February 20, 2014

Page 3 of 5

Funding Source for Contract: Revenue will be allocated to service debt from current

Board-approved Capital Fee and parking revenue for the Classroom and Parking Garage.

Cafeteria debt will be serviced by meal plan commission and debt service payments made

by Aramark.

STAFF RECOMMENDATION: Based on Board Policy 906 – Educational Building

Corporations, Board approval is required for final resolution along with accompanying

bond documents. Attorney General’s office has reviewed the resolution and form of bond

documents and recommends approval. Board staff recommends approval.

3. UMMC -REQUEST FOR APPROVAL OF CONTRACTUAL SERVICE

AGREEMENT

Agenda Item Request: The University of Mississippi Medical Center (UMMC)

requests approval to enter into an agreement with TriageLogic, LLC for nurse triage call

center services. In addition, UMMC is requesting the Board’s retroactive approval of

costs of $128,502 incurred since the previously approved contract expired June 30, 2013.

Contractor’s Legal Name: TriageLogic, LLC (TriageLogic)

History of Contract: This is a new agreement. The Board approved an agreement

between UMMC and TriageLogic in June 2008 for the period July 1, 2008 through June

30, 2013 for a total cost of $1,400,000. Since the expiration of the agreement in June

2013, UMMC has continued to utilize TriageLogic’s services on a month-to-month basis.

As a result, UMMC is seeking retroactive Board approval of $128,502 in costs incurred

since the expiration of the previous contract.

Specific Type of Contract: Services agreement.

Purpose: The purpose of the agreement is to provide callers with afterhours call center

services to address pediatric health issues. Callers will be assisted by licensed, registered

nurses and/or telephone representatives employed by TriageLogic.

Scope of Work: Under the agreement, TriageLogic will:

provide a staff of registered nurses trained in caller triage who will assist

callers by providing afterhours primary care assessments, home treatment

advice and/or appropriate care referrals, and

maintain a system of caller records.


REGULAR AGENDA

FINANCE

February 20, 2014

Page 4 of 5

UMMC will:

provide applicable procedures and/or information regarding TriageLogic to

potential callers, and

provide TriageLogic with monthly emergency physician contact information

and/or schedules.

Term of Contract: The initial term of the agreement is for one (1) year beginning on or

about March 1, 2014. The agreement will automatically renew annually for up to four (4)

one year terms unless notice is given by either party at least sixty (60) days prior to the

end of the then current term. UMMC is seeking approval of the total five (5) year term,

March 1, 2014 through February 28, 2019.





reduction of funds,






for a breach of the Business Associate (HIPAA) Agreement,

failure by TriageLogic to comply with the federal E-Verify Program, and

a breach by TriageLogic of any representations and warranties to UMMC as

specified in the Standard Terms and Conditions Addendum.

Contract Amount: The total contract cost for the five (5) year period is estimated to be

$1,221,125. This amount is based on the following:

an annual fixed rate of $237,725 for up to 18,500 calls for the year, and

estimated annual charges of $6,500 for 500 additional calls anticipated by

UMMC over the initial 18,500 for the year.

As noted above, UMMC is also requesting the Board’s retroactive approval of costs of

$128,502 incurred since the previously approved contract expired June 30, 2013.



REGULAR AGENDA

FINANCE

February 20, 2014

Page 5 of 5

Contractor Selection Process: N/A. UMMC has contracted with TriageLogic for this

service since 2008 and has been satisfied with the vendor’s past performance.

Staff Recommendation: Based on Board Policy 707.01, Land, Property and Service

Contracts, Board approval is required prior to execution of the contract for all other

land, personal property, and service contracts that require an aggregate total

expenditure of more than $250,000. The agreement has been reviewed by the

Attorney General’s Office and approval withheld. Board staff withholds approval of

this item.


REGULAR AGENDA

LEGAL

FEBRUARY 20, 2014

PAGE 1 OF 15

1. MUW – APPROVAL OF NORA MILLER AS LEGISLATIVE LIAISON

Mississippi University for Women requests approval of Nora Miller as a legislative

liaison. This request is made in order to comply with Board Policy 201.0506 Political

Activity


2. MVSU – APPROVAL OF VERONICA COHEN AS LEGISLATIVE LIAISON

Mississippi Valley State University requests approval of Veronica Cohen as a legislative

liaison. This request is made in order to comply with Board Policy 201.0506 Political

Activity


3. UMMC – APPROVAL OF AFFILIATION AGREEMENT BETWEEN UMMC

AND FRIENDS OF CHILDREN’S HOSPITAL, INC.

The University of Mississippi Medical Center (UMMC) requests approval to enter into an

Affiliation Agreement between UMMC and Friends of Children’s Hospital, Inc.

(Friends). The term of the agreement will be for five years. A copy of the proposed

agreement is set out below. The Attorney General’s Office has reviewed and approved

the proposed agreement.

AFFILIATION AGREEMENT

BETWEEN

UNIVERSITY OF MISSISSIPPI MEDICAL CENTER

AND THE

FRIENDS OF CHILDREN’S HOSPITAL

This Agreement is made and entered into effective this ___ day of February, 2014

(the effective date) by and between The University of Mississippi Medical Center, a state

institution of higher learning, organized and existing under the laws of the State of

Mississippi (“UMMC”), and Friends of Children’s Hospital, Inc., a not-for-profit

corporation duly chartered pursuant to the laws of the State of Mississippi (the “Friends”).

This Agreement is designed to govern the relationship between UMMC and Friends by

setting forth the terms and conditions under which UMMC will provide certain support and

services for Friends and Friends will provide certain support and services for and on behalf

of UMMC.


REGULAR AGENDA

LEGAL

FEBRUARY 20, 2014

PAGE 2 OF 15

PREAMBLE

WHEREAS, Friends has been established as a not-for-profit, educational and

charitable organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as

amended, for the purposes outlined in its Charter of Incorporation dated September 4, 1990;

WHEREAS, UMMC has the authority and right to enter into agreements with

affiliated 501(c) (3) not-for-profit organizations, subject to the Institutions of Higher

Learning Board of Trustees (the “Board” or “IHL”) Policy 301.0806 (the “Policy”);

WHEREAS, Friends has the responsibility under its mission statement and as a not-

for-profit corporation to use its resources in a responsible and effective manner to maintain

an association of persons interested in the Blair E. Batson Hospital for Children at the

University of Mississippi Medical Center (hereinafter called “BBHC”); and all of its

pediatric programs; to focus public attention on the BBHC; to render volunteer service to the

BBHC, its patients and parents; to encourage gifts, endowments and bequests to the BBHC

through fundraising activities; to foster, create and promote statewide participation; and

support other community organizations working for the betterment of the BBHC or any part

thereof;

WHEREAS, UMMC and Friends have active fund-raising and development

programs and Friends wishes to assist in the identification of donors and solicitation of

donations which UMMC believes Friends can provide;

WHEREAS, UMMC and Friends anticipate that Friends will support UMMC in

carrying out its mission; and

WHEREAS, UMMC and Friends desire to define the arrangement concerning

services, facilities, premises and activities in support of each other as set forth in this

Agreement;

NOW, THEREFORE, in consideration of the premises and mutual covenants

contained herein and for good and valuable consideration, the adequacy of which is hereby

acknowledged, UMMC and Friends do hereby agree as follows:

ARTICLE 1. LEASE OF FACILITIES

1.1 UMMC shall provide Friends with office space at the prevailing rate for

comparable office space in Jackson, Mississippi, as well as parking privileges for UMMC

employees performing work on behalf of Friends or UMMC’s fund-raising activities.

The rental fee charged Friends for this office space shall include the cost of all utilities

other than telephone service charges, which charges shall be paid separately by UMMC.


REGULAR AGENDA

LEGAL

FEBRUARY 20, 2014

PAGE 3 OF 15

Future increases are anticipated to be based on approximate increases in market rates.

Friends agrees to maintain the leased premises, to include equipment provided by

Friends, in reasonable repair. All additions and improvements made to the leased

premises by Friends which are not firmly affixed to a structure shall remain the property

of Friends and may be removed by Friends at any time.

ARTICLE 2. UMMC PERSONNEL AND SERVICES

2.1 Friends may utilize, with the approval of the Chief Financial Officer of

UMMC, whose approval shall not be unreasonably withheld, such UMMC

administrative, professional and other employees from time to time as are needed to carry

out the purposes of Friends which are for the benefit of BBHC.

2.2 Friends and UMMC agree that the portion of the cost incurred by utilizing

UMMC employees for Friends’ operational activities shall be reimbursed annually by

Friends to UMMC. The reimbursement shall be based on the percentage of time UMMC

employees devote to Friends’ operations multiplied by the employee(s) annual

compensation including benefit costs.

2.3 Friends shall reimburse UMMC for expenses UMMC incurs as a result of

Friends’ operations, if those expenses would not otherwise have been incurred by

UMMC, specifically including mail and other such services provided on a monthly basis.

The rate shall be the rate that is charged to UMMC departments for such services.

2.4 UMMC shall provide support services to Friends of the type provided to

UMMC departments on a cost reimbursement basis including, but not limited to, utilities,

fiber optic Internet cable connection, custodial services, printing and publication services,

motor pool and, to the extent permitted by law, use of UMMC mail system and protection

of UMMC Police Department.

2.5 UMMC shall provide Friends’ employees staff identification cards,

parking privileges, and access to UMMC’s library at the same rates and under the same

terms as those services and facilities are made available to UMMC’s administrators and

other employees.

2.6 The Vice Chancellor for Health Affairs of UMMC or his designee shall

serve ex officio as a non-voting member of Friends’ Board of Directors. Other UMMC

employees may serve as non-voting ex officio members of the Board of Directors. No

other UMMC employee or other persons directly or indirectly employed by the IHL shall

serve as a voting member of Friends’ Board of Directors.


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2.7 The Vice Chancellor of UMMC or Batson Administrator shall submit

requests to Friends from time to time for support of items or activities at the Batson

Children’s Hospital or other children’s programs. Friends shall, consistent with the

goals and priorities established by UMMC and conveyed to Friends, consider UMMC’s

request into its operating budget and may allocate funds and unrestricted gifts

accordingly to the extent funds are available. Friends, in concert with donor intent or

directives, if any, agrees to consider and communicate to UMMC Friends’ ability and

plans to fund BBHC’s needs and priorities, as such needs and priorities are determined by

the Vice Chancellor of UMMC. The UMMC Vice Chancellor and/or UMMC’s Chair of

Pediatrics and/or Batson Administrator, shall routinely update key Friends’ personnel on

UMMC initiatives involving private support to ensure that Friends and UMMC personnel

are informed of fund raising needs and objectives.

2.8 UMMC’s name and registered marks and logos (“marks”) have great

economic and public relations value to UMMC, its faculty, staff, alumni and students.

UMMC owns, among other tangible assets, the name “Blair E. Batson Hospital for

Children”. Friends shall not assign or delegate the authority to use UMMC’s name or

registered marks or logos to any person or entity without the prior written approval of the

Vice Chancellor of UMMC and the Director of UMMC’s Licensing Program. To assist

Friends in discharging its obligations under this Agreement and in soliciting, developing

and generating private and corporate support for UMMC, UMMC grants Friends the

following rights:

2.8 (a) A non-exclusive, non-transferable license to use UMMC

trademarks, service marks and logos consistent with UMMC policy, including but

not limited to a license to use marks developed by UMMC for use by Friends.

2.8 (b) The designation of Friends as a UMMC affiliated entity.

2.8 (c) Such other rights, privileges or benefits as UMMC Vice

Chancellor, in his/her sole discretion, may determine will assist Friends in

discharging its obligations under this Agreement.

2.8 (d) UMMC must first approve the use of any UMMC mark(s) prior to

its/their use by Friends.

2.8 (e) Notwithstanding any terms concerning termination in Article 7 or

any other article of this Agreement, UMMC may at any time, in its sole discretion

and for any reason or no reason, revoke such license and Friends shall

immediately cease any and all use of UMMC mark(s).


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2.8 (f) In the event that Friends generates mark(s) on its own and uses

such mark(s), the parties agree that UMMC shall not be responsible or liable in

any way for any violations or infringement of intellectual property or trademark

rights of third parties due to generation or use of such mark(s) by Friends.

ARTICLE 3. FRIENDS’ OBLIGATIONS

3.1 Friends’ primary purpose is to provide support to the BBHC in accordance

with the provisions of its Charter of Incorporation and By-laws, which support includes,

but is not limited to, maintaining an association of persons interested in the BBHC; and

all of its pediatric programs; to focus public attention on the BBHC; to render volunteer

service to the BBHC, its patients and parents; to encourage gifts, endowments and

bequests to the BBHC through fundraising activities; to foster, create and promote

statewide participation; and support other community organizations working for the

betterment of the BBHC or any part thereof.

3.2 Friends, acting through its Board of Directors and staff, shall coordinate

with UMMC’s Office of Development in its fund-raising activities and development

programs with individuals, corporations, foundations, governmental and other external

organizations. However, no inference shall be taken from the foregoing sentence that

Friends shall be controlled or subject to control by UMMC.

3.3 Friends, acting through its Board of Directors and staff, shall solicit funds

and shall contribute funds and income from donations for the support of the BBHC

patients, their families, BBHC faculty and staff, and other community organizations

working for the benefit of BBHC, and other children’s programs including, but not

limited to, support for the purchase of BBHC equipment and supplies; for the

construction, renovation and improvement of BBHC’s physical facilities; for staff

salaries; for the support of faculty, staff and student travel and research; for the support of

faculty professorships, lectureships and endowed chairs; for the support of student

scholarships; and for the support of other educational, research, cultural, scientific, public

service and charitable programs and activities – all as Friends, in the sole discretion of its

board, shall deem appropriate for Friends’ support. When soliciting funds on behalf of

BBHC, Friends agrees to accept only those gifts that are consistent with Friends’ and

BBHC’s missions, goals and objectives, and shall manage all funds in a fiscally sound

and prudent manner. The terms and conditions under which any portion of Friends’

assets, or the income related thereto, may be used for the operations or other expenses of

Friends shall be disclosed annually to the UMMC Vice Chancellor, in writing, at the

same time as disclosure to UMMC of Friends’ annual audited financial statements.

3.4 Friends in coordination and communication with the UMMC Office of

Development shall receipt, acknowledge and express appreciation for all contributions of


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donors made on behalf of Friends, and shall keep accurate and current records of all such

contributions. Assets of Friends shall be maintained pursuant to the Uniform

Management of Institutional Funds Act (UMIFA) or Uniform Prudent Management of

Institutional Funds Act (UPMIFA) as promulgated by the State of Mississippi. UMMC

and IHL shall have rights of inspection of Friends records, pursuant to Section 3.11

below.

3.5 Friends may enter into contracts for professional, advisory or other

personal services in carrying out its duties, but any such contracts entered into after the

execution of this Agreement shall not exceed five years.

3.6 Friends shall maintain its separate financial and accounting records in

accordance with generally accepted accounting principles applicable for its industry.

Friends must cause to be prepared annual financial statements of the condition of Friends,

which shall include such detail as IHL may from time to time require. Friends must also

engage a Certified Public Accounting (CPA) firm to perform annual audits of Friends’

annual financial statements, and Friends shall submit the audited financial statements,

along with a list of its officers, directors or trustees, to the Vice Chancellor of UMMC, to

the UM Chancellor and to IHL within three months following the completion of Friends’

fiscal year. The CPA firm to be utilized by Friends must be approved by IHL, and

Friends must request such approval not later than three (3) months prior to the end of

Friends’ fiscal year for which the audit will be conducted. Unless approval is specifically

granted for multiple years, approval of a firm by the IHL Board for one year does not

constitute approval for other years, and requests for approval of the CPA firm must be

submitted on an annual basis.

3.7 Friends shall maintain a conflict-of-interest policy that complies with all

requirements of Miss. Code Ann. §79-11-269 (1972), as amended from time to time.

3.8 Either party shall immediately deposit into the appropriate UMMC or

Friends account any funds which are sent to that party but which are clearly intended to

be funds designated for the other party’s account. Gifts made to UMMC for the benefit

of UMMC shall not be managed by Friends.

3.9 Friends shall perform any and all other acts and activities on behalf of

UMMC, as Friends deems appropriate, in carrying out the purposes and mission of

Friends, so long as consistent with the governing documents of Friends and the mission

of UMMC.

3.10 Friends shall, to the best of its knowledge, promptly notify the UM

Chancellor, the Vice Chancellor of UMMC and the IHL, in writing, if any of the

following events (“Reportable Events”) occur:


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1. Friends has materially breached any of its contractual obligations under

the Agreement;

2. Friends has materially failed to properly receive, apply, manage or

disburse any funds or has materially failed to properly comply with any

binding instructions from donors relating to those funds;

3. Friends has engaged in any conduct that is prohibited or subject to

sanction under state or federal law, including any and all requirements

applicable to tax exempt organizations;

4. There has been a failure by Friends or any of its officers and directors to

comply with any conflict of interest requirements created by applicable

state or federal law or by the governing documents or procedures of

Friends;

5. Any state or federal regulatory body begins any investigation of any

matter that may have a significant financial or regulatory effect on Friends

or upon its status as a tax exempt organization; or

6. Friends has contracted with or entered into any business or pecuniary

relationship with any of its board members, other than a full time

employee of Friends, or any entity controlled directly or indirectly by the

board member, which would reasonably be expected to provide for

payment or benefits to that person exceeding the value of $50,000 in any

calendar year. The previous sentence creates a duty for Friends to report

any such transaction but does not suggest or imply that all such

transactions are either prohibited or permitted.

3.11 If requested by UMMC, Friends shall provide any and all information and

allow inspection of all records relating to the operation or management of Friends or any

funds contributed to, received by, expended by or managed by Friends – other than

documents or information from which the identity of the donors can be derived.

Information that contains information that reveals the identity of donors shall be

produced, if requested by UMMC, in a form redacted to conceal the identity of donors.

Such inspection, audit and review rights are also extended to the IHL and to persons

selected by IHL, if IHL, acting upon its minutes, makes a finding that such inspection,

audit and/or review is necessary to allow IHL to determine that Friends is appropriately

complying with the Agreement and that funds intended to be used for the benefit of

BBHC are appropriately maintained and expended. Upon IHL making such a finding,

Friends will permit an audit, inspection or review of the financial and other records of

Friends by persons selected by or approved by the IHL Board. Friends will allow those

individuals selected by IHL to determine the appropriate scope of the

investigation/review and the records to be examined. If IHL makes a finding that Friends

must disclose information disclosing or containing the identities of donors to Friends due

to IHL’s concern that inappropriate activity may have occurred, Friends will produce that


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information promptly and without delay to IHL or those acting on its behalf. If IHL

intends to consider any proposed finding that requires disclosure by Friends of

information that reveals or discloses the identity of donors to Friends, Friends will be

advised ten business days prior to final adoption of any finding by IHL that disclosure of

such information is required. The decision as to whether Friends will be required to

disclose information relating to the identity of its donors is wholly within the discretion

of the Board of IHL. IHL will not unnecessarily disclose or disseminate any information

relating to Friends, and in particular, any information related to or which reveals the

identity of donors to Friends. However, final determination as to the appropriate extent

of disclosure or the use of any such information is vested in the sole discretion of the IHL

Board. Any decision to release any information that would identify any particular donor

shall be made by or approved by the IHL Board. No individual IHL Board member or

employee of IHL will release such information without authorization from the IHL Board

as reflected on its minutes. Friends shall fully cooperate with all inquiries, inspections,

audits, and reviews in a prompt manner.

ARTICLE 4. COMPLIANCE

4.1 Friends shall comply with any and all federal and state laws and

regulations.

ARTICLE 5. INSURANCE

5.1 Friends shall maintain General Liability insurance providing insurance

coverage of at least $1,000,000 per occurrence and $2,000,000 annual aggregate liability

covering its employees and agents during the course and scope of their employment,

providing protection from general liability risks, including, but not limited to, protection

against claims of sexual harassment, discrimination or other violations of law.

5.2 Friends shall maintain Property Insurance in an amount sufficient to

provide full replacement of all insured property to insure against the loss of the real

property and any improvements associated with the insured premises.

5.3 Friends shall provide for the bonding of its officers and employees and

shall maintain Directors and Officers liability insurance on members of its Board of

Directors and officers, while performing as such.

5.4 Friends shall maintain Commercial Excess or Umbrella Coverage of

$4,000,000 in additional coverage in excess or over and above the basic coverage set

forth above.


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5.5 Friends shall maintain Worker’s Compensation insurance, if required to do

so by applicable law, or such other insurance coverage as may be required by applicable

law.

ARTICLE 6. REPORTING

6.1 Friends shall, each year during this Agreement, submit to UM’s

Chancellor, to UMMC’s Chief Financial Officer and to the IHL its annual audited

financial statements for the prior fiscal year as set forth in Section 3.6 of this Agreement.

Such submission shall also include a list of Friends officers, directors or trustees. Friends

shall submit an annual report providing a detailed list of any supplemental compensation

which was provided to UMMC for the purpose of providing any additional compensation

to administrators, faculty or other UMMC Employees, it being agreed that any such

payments shall only be made through UMMC’s payroll system and with Chancellor

approval. Understanding that no form of additional compensation may be underwritten

for the UM Chancellor, the UMMC Vice Chancellor or for any IHL system office

employee without IHL approval, Friends shall also provide documentation of approval

from the IHL of any supplemental compensation provided to the UM Chancellor, the

UMMC Vice Chancellor or provided to UMMC for purposes of supplementing the

Chancellor’s or the Vice Chancellor’s salary. No form of additional compensation may

be provided or paid by Friends, as to other UMMC employees, without the prior approval

by the UMMC Vice Chancellor.

6.2 In order to facilitate transparency, Friends shall also maintain on its

website, for public and UMMC inspection, a copy of this Agreement along with copies of

the most recent annual audited financial statements, Form 990, By-laws, Charter, listing

of the members of its Board of Directors, its conflict of interest policy and its investment

policy.

6.3 Friends shall submit to the UM Chancellor, to the Vice Chancellor of

UMMC and the IHL a signed certification statement annually, before January 31 of each

year, which affirmatively states that Friends has examined its donor records and business

transactions occurring during its fiscal year ending within the prior calendar year, and

that to the best of its knowledge, there is no evidence that any Reportable Events

occurred, other than those which have been duly reported to the UM Chancellor, to the

Vice Chancellor of UMMC and the IHL, as required above in Section 3.10. Friends shall

re-affirm that, in the event they become aware of any such Reportable Events, Friends

will immediately notify, in writing, the UM Chancellor and the Vice Chancellor of

UMMC.


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ARTICLE 7. TERMINATION AND RENEWAL

7.1 This Agreement shall expire on February 1, 2019, if not renewed by

mutual consent of the parties before that date.

7.2 UMMC may terminate this Agreement without cause with thirty (30)

days’ written notice to Friends and with the prior approval of the IHL, acting upon its

minutes.

7.3 UMMC may terminate this Agreement for cause, without advance notice

to Friends but with notice to the IHL and with prior approval of the IHL, acting upon its

minutes. Friends may not terminate this Agreement without the prior approval of the

Chancellor of UM and the IHL.

7.4 Upon termination and non-renewal of this Agreement, (1) Friends shall

immediately cease to use and shall not assign or delegate the authority to use UMMC’s or

BBHC’s name or registered marks or logos to any person or entity without the written

approval of the Chancellor, and UMMC shall immediately cease to use and shall not

assign or delegate any authority to use Friends’ name, registered or unregistered marks,

or logos to any person or entity without the written approval of Friends, (2) Friends shall

remit any and all unrestricted funds held for the benefit of UMMC or BBHC to UMMC

or to such entity as designated in writing by the Chancellor on behalf of UMMC for the

benefit of BBHC, (3) Friends shall work in concert with its donors, to the extent

practicable and allowed by law, to move any restricted funds held for the benefit of

BBHC or UMMC to UMMC or to such entity as designated in writing by the Chancellor

on behalf of UMMC for the benefit of BBHC, (4) Friends shall work in concert with

persons or entities with which it had contractual relations to the extent practical and

allowed by law, to assign any contracts to such entity as designated by the UM

Chancellor, and (5) Friends shall work in concert with UMMC to provide UMMC or its

designee with records and materials of Friends as are necessary to continue the business

and/or wind up the affairs of Friends. Nothing in this Agreement shall imply that Friends

is required to dissolve and/or wind up its affairs upon termination of this Agreement.

7.5 Friends agrees to immediately cease using UMMC’s name, the name

“Blair E. Batson Hospital for Children”, and all other UMMC owned names, marks and

logos in the event that this Agreement is terminated, or if Friends dissolves, ceases to be a

non-profit corporation or ceases to be recognized by the Internal Revenue Service as a tax

exempt entity under Section 501(c)(3) of the Internal Revenue Code.

7.6 UMMC and Friends expect there to exist a cooperative relationship in good

faith between them. In the event the Vice Chancellor determines that such cooperation is

not in place and, in the Vice Chancellor’s view, the relationship with Friends is


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detrimental to the wellbeing of UMMC, the Vice Chancellor shall refer the matter to the

Chancellor of the University of Mississippi. If the Chancellor of the University of

Mississippi agrees that there is a lack of cooperation between UMMC and Friends, and

that such lack of cooperation is detrimental to the well being of UMMC, he/she shall

notify the IHL Board to allow the IHL to intervene to reconcile the parties. However, if

the IHL determines and notifies the Vice Chancellor that it is in the best interest of

UMMC that the then current members of the Friends’ Board of Directors be replaced, the

Vice Chancellor shall then provide written notice to the members of the Friends’ Board

of Directors of same. The process described below for replacing Friends then current

Board of Directors shall be completed within 90 days from the date of the Vice

Chancellor’s written notice to Friends. Upon receipt of the Vice Chancellor’s written

notice, the members of the Friends Board of Directors shall each submit their

resignations as Directors as provided in Miss. Code Ann. Section 79-11-243 (1972), as

amended, to be effective upon selection of a new Board of Directors as provided below.

A five-person Commission shall then be created to appoint a new Board of Directors of

Friends. The Commission membership will be selected as follows: (1) one member

nominated by the Chancellor of the University of Mississippi, (2) one member nominated

by the IHL, (3) One member nominated by the Board of Friends, (4) one member

nominated by the Chair of Friends, and (5) one member nominated by the then current

Chief Executive Officer of the Mississippi Children’s Museum; however, this person may

not nominate as a member of the Commission anyone who at the time of nomination is

serving as (i) a UMMC or IHL employee or (ii) an employee, officer, trustee, or director

of any UMMC affiliated support organization or foundation, including Friends. The

Commission shall then appoint, by majority vote, members to the Friends’ Board of

Directors to replace the then current Directors that will have submitted resignations. The

newly elected Board of Directors of Friends shall then elect new officers.

7.7 In the unlikely event that the Commission, as described in 7.6 above, shall

have to select a new Board of Directors for Friends, it is expressly understood that any, or

all, of the new Directors may include previous Friends’ Directors, and that in such

instance, any such previous Friends’ Board Directors may be reelected to serve. It is the

parties’ intent that Section 7.6 accomplishes the purposes of IHL Board Policy 301.0806

I. In order to make Friends’ Bylaws and Charter/Articles of Incorporation consistent with

the provisions set out within Section 7.6 above, as well as with any other provisions of

this Agreement, Friends agrees to amend its Bylaws and Charter/Articles of Incorporation

as required to make same consistent with all terms of this Affiliation Agreement.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 This Agreement shall be construed, governed, interpreted and applied in

accordance with the laws of the State of Mississippi.


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8.2 The parties agree that Friends is not the agent or employee of UMMC, and

nothing in this Agreement creates an employment or other agency relationship between

the parties.

8.3 Neither UMMC nor Friends shall have any liability for the obligations,

acts, or omissions of the other party.

8.4 The parties agree that Friends is a private, independent entity and, as such,

is not governed by the IHL, but rather has its own governing Board of Directors.

Accordingly, to the extent permitted by the laws of the State of Mississippi applicable to

a public institution of higher learning, each party to this Agreement shall be responsible

for its own obligations, acts or omissions.

8.5 UMMC and Friends agree that Friends’ donor and giving records and any

other financial or commercial information possessed by Friends or provided by Friends to

UMMC concerning individuals or corporations that provide Friends financial support are

confidential and proprietary. Except as otherwise provided in Section 3.11 above, unless

required to disclose such information by applicable law, UMMC and Friends agree not to

disclose to third parties and to keep confidential the giving records, giving history and

financial or commercial information of individuals and corporations that provide

financial support to Friends.

8.6 In the performance of this Agreement, Friends shall not deny employment

opportunities to any person on the basis of race, color, religion, ethnic group

identification, sex, age, physical or mental disability, medical condition, or veteran’s

status. Friends agrees to comply with all non-discriminatory laws and policies that

UMMC promulgates and to which UMMC is subject.

8.7 The parties hereto acknowledge that this Agreement sets forth the entire

agreement and understanding of the parties hereto as to the subject matter hereof, and

shall not be subject to any change or modification except by the execution of a written

instrument subscribed to by the parties hereto. Any such change or modification to this

Agreement must be approved by the IHL Board prior to execution.

8.8 The provisions of this Agreement are severable, and in the event that any

provisions of the Agreement shall be determined to be invalid or non-enforceable under

any controlling body of the law, such invalidity or non-enforceability shall not in any

way affect the validity or enforceable nature of the remaining provisions hereof.

8.9 The failure of either party to assert a right hereunder or to insist upon

compliance with any term or condition of the Agreement shall not constitute a waiver of


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that right or excuse a similar subsequent failure to perform any such term or condition by

the other party.

8.10 This Agreement shall not be assigned or otherwise transferred by either

party without the prior written consent of the other, which consent shall not be

unreasonably withheld.

8.11 Friends’ obligations pursuant to this Agreement shall also extend, as

applicable, to any entity it owns or controls, with the exception of a special purpose entity

created for the sole and specific purpose of utilization as a financing vehicle for the

private financing of university auxiliary facilities by a private developer using the

alternate dual-phase design-build privately financed construction method, as specially

authorized by Miss. Code Ann. Section 37-101-41, et seq. (1972), as amended. If the

use/purpose of any such special purpose entity ever changes, the special purpose entity

would then be required to comply with any and all provisions of this Agreement.

ARTICLE 9. NOTICE

9.1 Any notice to either party hereunder shall be in writing signed by the party

given it, and shall be deemed given when mailed postage prepaid by U.S. Postal Service

first class, certified or overnight mail, or when sent by Federal Express or a comparable

service, or hand-delivered, when addressed as follows:

To UMMC: To Friends:

__________________________ _________________________

James E. Keeton, M.D.

Vice Chancellor for Health Affairs cc: Will Dukes, Wise Carter

University of Mississippi Counsel for Friends

Medical Center P.O. Box 651

2500 North State Street Jackson, MS 39205-0651

Jackson, MS 39216-4505

cc: General Counsel’s Office

or to such other addressee as may be hereafter designated by written notice.


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IN WITNESS WHEREOF, UMMC and Friends, acting through the Vice

Chancellor of UMMC and the Chairman of Friends, respectively, execute this Agreement

on this the __ day of_______, 2014.

THE UNIVERSITY OF MISSISSIPPI FRIENDS OF CHILDREN’S

MEDICAL CENTER HOSPITAL

By: ________________________ By: ________________________

James E. Keeton, M.D.

ACKNOWLEDGMENT

State of Mississippi

County of Hinds

Personally appeared before me, the undersigned authority in and for the

jurisdiction aforesaid, , known by me to be the Vice Chancellor of The University of

Mississippi Medical Center, who executed the aforesaid Agreement, on this the ______

day of ___________________, 2014, on behalf of UMMC of Mississippi, being duly

authorized so to do.

______________________________

Notary Public

My Commission Expires:

______________________

ACKNOWLEDGMENT

State of Mississippi

County of Hinds

Personally appeared before me, the undersigned authority in and for the

jurisdiction aforesaid, the within named, known by me to be the Chairman of Friends of

Children’s Hospital, who executed the aforesaid Agreement on this the ________ day of

__________________, 2014, for and on behalf of Friends of Children’s Hospital, being

duly authorized so to do.

_________________________________

Notary Public

My Commission Expires:

________________________


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4. UMMC - APPROVAL TO SETTLE TORT CLAIM

The University of Mississippi Medical Center is seeking board approval for settlement of

Tort Claim No. 1882 Delvyn Nelson


5. UMMC – APPROVAL TO SETTLE IHL SELF-INSURED WORKERS’

COMPENSATION CLAIM

The IHL Self-Insured Workers’ Compensation Program is seeking Board approval for

settlement of Claim No. 55-34807-1 at the University of Mississippi Medical Center.


6. USM - APPROVAL TO SETTLE IHL SELF-INSURED WORKERS’

COMPENSATION CLAIM

The IHL Self-Insured Workers’ Compensation Program is seeking Board approval for

settlement of Claim No. 55-34215-1 at the University of Southern Mississippi.


INFORMATION

AGENDAS


INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 1 of 11

SYSTEM: REAL ESTATE ITEMS APPROVED SUBSEQUENT TO THE

January 16, 2014 BOARD MEETING SUBMISSION DEADLINE

NOTE: THE FOLLOWING ITEMS WERE APPROVED BY THE BOARD'S REAL

ESTATE AND FACILITIES STAFF ACCORDING TO BOARD POLICY §904 (A)

BOARD APPROVAL WHICH STATES:

Board Policy §904(A), Board Approval

When funding has been secured from whatever source, each institution shall bring all new

projects to the Board for the approval of the project initiation and the appointment of a design

professional, as required in Board Policy §902, Initiation of Construction Projects. This

request shall include a detailed description of the work to be accomplished, the total budget,

the funding source and the design professional recommended to the Board for approval.

After the Board has granted approval of both the initiation of a project and the appointment of

a design professional, no further Board action or approval is required for the completion of

the project if the following conditions are met:

1. The detailed description of the work to be accomplished, as specifically

approved by the Board within the project initiation, has not changed.

2. The total project budget has not increased beyond the amount specifically

approved by the Board as part of the project initiation;

3. The funding source has not changed from that specifically approved by the

Board as part of the project initiation; and

4. The design professional previously approved by the Board has not changed.

If the above four conditions have been met, the Board’s Real Estate and Facilities staff,

through the Commissioner, shall have the authority to approve any and all necessary

documents related to the completion of the subject construction project, including the

approval of construction documents, the advertisement and receipt of bids, the approval of a

bid, the award of a contract and any change orders.

Change Order Approval Note: No change orders approved by Board staff, as reflected

within any of the following informational agenda items, increase the Board approved total

project budget. The total project budget as approved by the Board provides for a

contingency fund, which allows for an increase in the construction budget of between five

and ten percent. Any increase in the total project budget caused by a change order, would

require Board approval and could not be approved by Board staff.


INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 2 of 11

1. ASU– GS 101-269 – Dumas Hall Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff

approved Change Order #7 in the amount of $15,552.00 and one hundred ten (110)

additional days to the contract of Paul Jackson & Son, Inc. Approval is requested from

the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: January 10, 2014

Change Order Justification: Change Order #7 is necessary to add 76 days for

extended overhead, to deduct for liquidated damages accessed at 60 days and to add

weather days to the contract time.

Total Project Change Orders and Amount: Seven (7) change orders for a total amount

of $195,945.16.

Project Initiation Date: January 31, 2008

Design Professional: Duvall Decker Architects, P.A.

General Contractor: Paul Jackson & Son, Inc.

Project Budget: $7,000,000.00

2. JSU– GS 103-281 – Alexander Center Renovation Phase II

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board

staff approved Schematic Design Documents as submitted by Foil-Wyatt Architects &

Planners, PLLC. Approval is requested from the Bureau of Building, Grounds, and Real

Property.

Staff Approval Date: December 19, 2013

Project Initiation Date: October 17, 2013

Design Professional: Foil-Wyatt Architects & Planners, PLLC

General Contractor: TBD



INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 3 of 11

3. MSU– GS 105-343 – Lee Hall Renovation


approved Change Order #8 in the amount of $67,130.44 and nine (9) additional days to

the contract of West Brothers Construction, Inc. Approval is requested from the Bureau

of Building, Grounds, and Real Property.


Change Order Justification: Change Order #8 is necessary to provide additional

electrical provisions required by the newly adopted elevator code, to rework the 4th

floor

attic toilet lighting in two locations to avoid conflict with the existing attic framing, to

correct errors in the construction documents, to install & rework miscellaneous electrical

items including power to the ADA operators in the basement, power to an exhaust fan, to

add three additional light fixtures, adding maintenance lights to the air handling units,

changing light fixtures to work in the correct ceiling type, adding a switch for the

projection screen, to install power and data in rooms 4006 and 4302, and to add

motorized shades on the fourth floor south windows for additional sun control.

Total Project Change Orders and Amount: Eight (8) change orders for a total amount

of $705,906.18.

Project Initiation Date: June 16, 2011

Design Professional: Dale and Associates Architects, P.A.

General Contractor: West Brothers Construction, Inc.



INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 4 of 11

4. MSU– IHL 205-260 – Expansion & Renovation to Davis Wade Stadium


approved Change Order #3 in the amount of $907,891.46 and zero (0) additional days to

the contract of Harrell Contracting Group, LLC.


Change Order Justification: Change Order #3 is necessary to remove unsuitable soil

at the storm drainage pipe & replace with limestone, provide additional MSE wall along

the existing east wall of the west concourse to allow for leveling pad installation, remove

unsuitable soil at the north end zone & replace with select fill limestone & filter fabric,

revise MSE wall under west concourse due to unsuitable soil, provide a new junction box

at the existing drainage flume under the west side at the north end of the existing stadium,

rework the new foundation footings to incorporate existing footings, provide new

concrete & reinforcement to rework the foundation around the existing storm drain, offset

the existing water line at B.S. Hood to allow installation of a new RCP, provide sprinkler

fire protection piping for the west side of the stadium, provide (2) PVC raceways & fiber

optic cables from Barnes & Noble to Bost Extension Center, provide panic hardware for

the double doors to the electrical room, provide CMU pilaster at each end due to the

beam not being able to bear on the new column, provide CMU wall to create a plumbing

chase in the first aid toilet, increase member size on aluminum handrails, extend modified

bitumen roofing to the back side of the architectural precast concrete panels between

specified columns, provide new concrete encased duct bank from the north end zone to

the primary switch pumps underneath the existing east stadium, rework the catch basin

to allow for piping from the existing inlet, remove the existing thru-wall a/c unit from the

existing elevator equipment room & replace with a new mini-split unit, revise the edge of

the slab dimension on the specified gridline at the scoreboard seating level, add (22)

make-up air louvers above the doors to the restrooms, black out the existing lines &

install a new straight parking line for Memorial Hall, provide additional electrical

provisions for the west concourse concession (stand 2) & stand (4), reroute the storm

drain pipe from the building to the C-1 structure, provide a mini-split a/c unit &

associated power for elevator 7 & 8 at the southwest tower, apply Sherwin-Williams

Loxon Vertical stain to all exposed columns & beams up to & including the first beam

height, provide a fibercrete box pad beneath the east stadium switch PMPS-1, provide &

install new concrete handicap ramps & railings at the south end of the stadium, provide

expansion joint & sealant at the 4” expansion joint between the west elevation

architectural precast lettered panels, add additional limestone crusher run at the south

plaza vehicular gate under the pavers to allow for heavy truck traffic into the stadium,

provide an irrigation control panel, provide owner requested cable to Demarc, M-Club

and Press Level, paint the existing east DAFS wall of the west concourse, install parge


INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 5 of 11

coat to fill in pits & holes on the existing west concourse columns that are within the

restrooms, provide flagpole lighting at the south plaza, omit specified storm inlets &

associated pipe, provide a PVC pipe to tie the trench drain into the existing inlet,

provide a PVC pipe to tie the roof drain into the existing inlet, patch the asphalt, provide

a polymer utility duct with hot-dipped galvanized cover at the south plaza, provide

anodized aluminum railing at each side of the existing north vomitory ramp, and provide

additional concrete paving south of the old first aid station to the new south plaza paving.

Total Project Change Orders and Amount: Three (3) change orders for a total amount

of $1,612,569.17.

Project Initiation Date: May 19, 2011

Design Professional: LPK Architects, P.A.

General Contractor: Harrell Contracting Group, LLC


5. MSU– IHL 205-271 – Robert L. Jones Circle Road & Utility Completion


staff approved Schematic Design Documents as submitted by Pritchard Engineering,

Inc.


Project Initiation Date: October 17, 2013

Design Professional: Pritchard Engineering, Inc.




INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 6 of 11

6. UM– IHL 207-348 – Johnson Commons West Renovation


approved Change Order #10 in the amount of $235,627.19 and sixty-one (61) additional

days to the contract of Zellner Construction.


Change Order Justification: Change Order #10 is necessary to add additional exterior

stainless steel single line railings, refurbish the existing exterior wall surfaces that are

incompatible with the new construction, refurbish the existing lower level concrete slab

to eliminate surface undulations, depressions & humps prior to installation of the

specified new floor finish, additional preparation to the existing upper level concrete slab

required prior to installation of new terrazzo & vinyl flooring, furnish & install additional

protection for the below grade fiber optic lines in the new loading dock area,

modifications to the NW plaza area, relocate gas lines installed for temporary kitchens to

provide clearances for new construction, miscellaneous interior revisions to

accommodate filed conditions, design intent & owner scope change, provide stain for the

exterior wood tongue & groove ceilings, cement treat the soil below the new paving at

the new loading dock to expedite work previously delayed by wet weather, install a brick

lintel at the freight elevator & rotate and modify the existing canopies

column/downspout, furnish & install revised interior signage, relocate a vertical gas line

incorrectly detailed & installed in the serving area, allow for additional time & general

conditions for delay caused by loss of power due to storm damage, install steel railings in

stairs S02 and S04, furnish & install Freshii retail signage, modifications at the Freshii

area for equipment & plumbing in order to meet brand standards, additional time &

general conditions required for delays caused by fluctuation in the gas water column and

reconnection of the existing 3” pipe that is penetrating the wall under the outside air

louver in Mechanical Room 163.

Total Project Change Orders and Amount: Ten (10) change orders for a total amount

of $1,603,121.62.

Project Initiation Date: May 19, 2011

Design Professional: Tipton Associates, A Professional Architectural Corporation

General Contractor: Zellner Construction



INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 7 of 11

7. UM – IHL 207-362 – Indoor Practice Facility Food Service

Interim Approval: In accordance with Board Policy §904 (B) Board Approval, Interim

Chair Approval was granted by Mr. Hal Parker, Chair of the Real Estate and Facilities

Committee on January 6, 2014 granting an easement to Centerpoint Energy for the

natural gas line to the new dining facility in the Indoor Practice Facility. An expedited

easement for this project is necessary to allow use of the facility on schedule.

Interim Approval Date: January 6, 2014

Design Professional: Tipton Associates

General Contractor: White Construction Company

8. UM– IHL 207-367 – East Stadium Drive Extension Road & Parking Lot


approved Change Order #1 in the amount of $73,157.75 and ninety-nine (99) additional

days to the contract of A. S. Fornea Construction, LLC.


Change Order Justification: Change Order #1 is necessary to add a concrete wall

around the communication pedestal, to remove the concrete curb & gutter, to add a

concrete top for the junction box, to tie into the existing curb inlet, to modify the manhole

at inlet #3, to increase the width to the waste water treatment plant gate, for additional

pavement markings & signage, for the utility adjustment, for additional electrical items

for Phase B, for removal of the concrete curb & gutter, to relocate the fence at the track,

for additional pavement markings & signage, utility adjustment and wood mulch for

Phase A.

Total Project Change Orders and Amount: One (1) change order for a total amount of

$73,157.75.

Project Initiation Date: November 15, 2012

Design Professional: Precision Engineering

General Contractor: A. S. Fornea Construction, LLC


INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 8 of 11


9. UM– IHL 207-368 – Johnson Commons East Renovation


staff approved Schematic Design Documents as submitted by Belinda Stewart

Architects, P.A.



Design Professional: Belinda Stewart Architects, P.A.



10. UMMC – GS 109-195 – AED (Adult Emergency Department Renovations)


approved Change Order #9 in the amount of $107,551.00 and forty-six (46) additional

days to the contract of Flagstar Construction company, Inc. Approval is requested from

the Bureau of Building, Grounds, and Real Property.


Change Order Justification: Change Order #9 is necessary to reroute pneumatic

control tubing out of the new corridor & into adjacent walls from the subbasement to the

first floor, reroute existing steam piping, soiled waste & vent piping uncovered after solid

wall & ceiling demolition, provide HVAC controls for an added VAV unit to serve the

new electronics closet room, omit the ceiling in the communications room & extend the

wall finish & paint to the deck above, change the light fixtures to the chain hung type for

an exposed deck installation, omit demolition of the existing ceiling grid, omit demolition

of the existing VAV box, piping & duct, install a new light fixture & grille and new

ceiling panels to match the existing ones for this area, omit demolition of the existing

telephone closet due to existing analog lines serving areas outside of the Emergency


INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 9 of 11

Department as this closet needs to remain in service and omit the access gate the

pedestrian entry checkpoint area.

Total Project Change Orders and Amount: Nine (9) change orders for a total amount

of $947,775.94.


Design Professional: Dale/Morris Architects, PLLC

General Contractor: Flagstar Construction Company, Inc.


11. USM– GS 108-267 – College of Business Building


approved Change Order #9 in the amount of $79,983.59 and seven (7) additional days to

the contract of Hanco Corporation. Approval is requested from the Bureau of Building,

Grounds, and Real Property.


Change Order Justification: Change Order #9 is necessary to add toggle switches for

VAV’s & dampers, to change the precast window sill color (18 pieces), to change the

four drinking fountains in the project to a bottle fill-up type, and to change the door types

at 89 locations to include 82 full lites/vertical lites.

Total Project Change Orders and Amount: Nine (9) change orders for a total amount

of $310,898.39.

Project Initiation Date: March 2, 2005

Design Professional: Eley Guild Hardy Architects-Jackson, P.A./Studio South

Architects, PLLC – A Joint Venture.

General Contractor: Hanco Corporation



INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 10 of 11

12. USM – IHL 208-297 – Century Park South - Dorm Replacement Phase II

(Demolition)


approved Change Order #1 in the credit amount of $174,948.48 and thirty (30)

additional days to the contract of M & M Demolition Service, Inc.


Change Order Justification: Change Order #1 is necessary to deduct for reduction of

undercut at Scott Hall from 8 ft to 5 ft deep, add for undercut to a depth of 5 ft at Scott

Hall, haul off & haul in new fill material, haul in new fill for north crawl space at Vann

Hall, process wet soils at Vann Hall which include extended equipment rental time &

labor to process existing soil & achieve suitable compaction, revise profile material of the

wall to enclose the east end of the crawl space at Bond Hall & extend the floor slab,

install metal doors & frames and finish gypsum board in four pipe chases in Bond Hall,

abate ACM in four boiler end caps and a deduct to reconcile ACM unit prices & assumed

quantities included in the base bid.

Total Project Change Orders and Amount: One (1) change order for a total credit

amount of $174,948.48.

Project Initiation Date: April 15, 2010

Design Professional: The McCarty Company – Design Group, P.A.

General Contractor: M & M Demolition Services, Inc.



INFORMATION AGENDA

REAL ESTATE

February 20, 2014

Page 11 of 11

13. USM – IHL 208-297 – Century Park South - Dorm Replacement Phase II

(Construction)


approved Change Order #1 in the credit amount of $44,783.00 and zero (0) additional

days to the contract of Harrell Contracting Group.


Change Order Justification: Change Order #1 is necessary for an 8” CCP reroute at

building C, insertion valve at southeast corner of the site, to add 60 geopiers, for

additional tree removal to accommodate the site electrical junction box & to revise the

north storm drainage routing at the central plant to accommodate valves from the

southeast corner of the site, allow for the LD stair/MP room revision, reroute the

underground sewer due to drop structure obstruction, remove existing piers not removed

by demolition contractor, remove existing underground pipe and to add support at the

elevator openings.

Total Project Change Orders and Amount: One (1) change order for a total credit

amount of $44,783.00.

Project Initiation Date: April 15, 2010

Design Professional: The McCarty Company – Design Group, P.A.

General Contractor: Harrell Contracting Group



INFORMATION AGENDA

LEGAL

FEBRUARY 20, 2014

PAGE 1 OF 4

1. SYSTEM - REPORT OF PAYMENTS TO OUTSIDE COUNSEL

Legal fees approved for payment to outside counsel in relation to litigation and other

matters:

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens &

Cannada (statement dated 1/16/14) from the funds of Mississippi State University. (This

statement, in the amount of $336.00, represents services and expenses in connection with

general legal advice: The Mills Commercial Development Project.)

TOTAL DUE……………………………….…….………………$ 336.00

Payment of legal fees for professional services rendered by Shulman, Rogers, Pordy & Ecker

(statement dated 12/20/13) from the funds of Mississippi State University. (This statement, in

the amount of $15,180.00, represents services and expenses in connection with general legal

advice: Nextel/Sprint Rebanding Project.)

TOTAL DUE……………………………….…….………………$ 15,180.00

Payment of legal fees for professional services rendered by Ware/Gasparian (statement dated

12/2/13) from the funds of Mississippi State University. (This statement, in the amount of

$2,500.00, represents services and expenses in connection with labor certification.)

TOTAL DUE……………………………….…….………………$ 2,500.00

Payment of legal fees for professional services rendered by Baker, Donelson, Bearman,

Caldwell & Berkowitz (statement dated 12/5/13) from the funds of the University of Mississippi

Medical Center. (This statement, in the amount of $273.00, represents services and expenses in

connection with litigation matters.)

TOTAL DUE……………………………….…….………………$ 273.00

Payment of legal fees for professional services rendered by Kitchens Hardwick (statements dated

12/5/13) from the funds of the University of Mississippi Medical Center. (These statements, in

the amounts of $3,481.50 and $414.00, represent services and expenses in connection with

general legal advice and litigation matters.)

TOTAL DUE……………………………….…….………………$ 3,895.50


INFORMATION AGENDA

LEGAL

FEBRUARY 20, 2014

PAGE 2 OF 4

Payment of legal fees for professional services rendered by Bryan Nelson (statements dated

12/18/13, 1/10/14 and 1/10/14) from the funds of the University of Southern Mississippi. (These

statements, in the amounts of $297.00, $4,641.18 and $2,209.25, respectively, represent services

and expenses in connection with general legal advice.)

TOTAL DUE……………………………….…….………………$ 7,147.43

Payment of legal fees for professional services rendered by Mayo Mallette (statement dated

1/15/14) from the funds of the University of Southern Mississippi. (This statement, in the

amount of $1,204.50, represents services and expenses in connection with general legal advice.)

TOTAL DUE……………………………….…….………………$ 1,204.50

Legal fees approved for payment to outside counsel in relation to patent and other

matters:


Cannada (statements dated 12/19/13, 12/19/13, 12/19/13, 12/19/13, 12/19/13, 12/19/13,

12/19/13, 12/19/13, 12/27/13, 1/10/14 and 1/10/14) from the funds of Mississippi State

University. (These statements represent services and expenses in connection with the following

patents: “Esterification and Bio-Oil Upgrading” - $840.00; “Steele- Non-Provisional Upgrading

of Bio-Oil Using Synthesis Gas” - $695.00; “Live Attenuated Catfish Vaccine” - $190.00;

“Steele-Penmetsa - Water Repellent Solids Non-Prov.” - $767.50; “Alcohol Esterification

(Condensor Train)” - $263.50; “Steele- Solid Heat Carrier Pyrolysis Reactor” - $28.50; “Klink-

Glycine Max Resistance” - $185.00; “Indian Patent Application” - $165.00; “Method for Early

Evaluation in Micro Pipeline Processors” - $1,090.00; “Alcohol Esterification (Condensor

Train)” - $474.00 and “Steele- Non-Provisional Upgrading of Bio-Oil Using Synthesis Gas” -

$47.50, respectively.)

TOTAL DUE……………………………….…….………………$ 4,746.00

Payment of legal fees for professional services rendered by Valauskas Corder (statement dated

12/16/13) from the funds of Mississippi State University. (This statement represents services and

expenses in connection with the following patent: “Bio-Oil Treatment” - $561.25.)

TOTAL DUE……………………………….…….………………$ 561.25


INFORMATION AGENDA

LEGAL

FEBRUARY 20, 2014

PAGE 3 OF 4


Cannada (statements dated 12/5/13, 12/18/13, 12/19/13 and 12/19/13) from the funds of the

University of Mississippi. (These statements represent services and expenses in connection with

the following patents: “Animal Model of Anxiety and Depression” - $438.50; “Animal Model of

Anxiety and Depression” - $913.00; “Cache Mapping Technology Matter” - $720.00 and

“Stuttering Inhibition Device” - $748.50, respectively.)

TOTAL DUE……………………………….…….………………$ 2,820.00

Payment of legal fees for professional services rendered by Stites & Harbison (statements dated

12/17/13, 12/17/13, 12/17/13, 12/17/13, 12/17/13 and 12/18/13) from the funds of the University

of Mississippi. (These statements represent services and expenses in connection with the

following patents: “Highly Purified Amphotericin-B” - $192.00; “Methods for Detecting

Humans” - $378.00; “Method and Device for Reducing Engine Noise” - $2,576.00; “Methods

for Detecting Humans” - $78.64; “Stabilized Formulation of Triamcinolone Acetonide” -

$1,860.00 and “Gas Separating Membranes” - $2,563.00, respectively.)

TOTAL DUE……………………………….…….………………$ 7,647.64

Payment of legal fees for professional services rendered by Stites & Harbison (statements dated

11/15/13, 11/15/13, 11/15/13, 11/15/13, 11/15/13, 12/18/13 and 12/18/13) from the funds of the

University of Mississippi Medical Center. (These statements, in the amounts of $115.50,

$597.30, $469.50, $341.00, $3,186.10, $565.50 and $1,566.00, respectively, represent services

and expenses in connection with intellectual property/patents.)

TOTAL DUE……………………………….…….………………$ 6,840.90


Cannada (statements dated 12/18/13, 12/19/13 and 12/27/13) from the funds of the University of

Southern Mississippi. (These statements represent services and expenses in connection with the

following patents: “Trademark Application for the Centennial Anniversary” - $2,942.50;

“Lockhead-Oil Dispersant Patent” - $984.00 and “Self-Repairing Oxetane-Substituted Chitosan

Polyurethane Networks” - $383.00, respectively.)

TOTAL DUE……………………………….…….………………$ 4,309.50

2. ASU - INFORMATIONAL UPDATE ON ASU/CLAIBORNE NATURAL

GAS MATTER

At its February 21, 2013 meeting, the IHL Board approved a Gas Purchase and

Transportation Contract (Contract) between Alcorn State University and Claiborne

Natural Gas Company (CNG) for the supply and transportation of natural gas to the

Lorman campus. This Contract was sent to the Mississippi Public Service Commission

for review and recommendations and was the product of lengthy negotiations. The


INFORMATION AGENDA

LEGAL

FEBRUARY 20, 2014

PAGE 4 OF 4

discussions included any need for CNG to continue to maintain an escrow account that

had previously been required by Court Order. As part of the last Contract approved by

the IHL Board, the parties agreed that CNG should maintain an escrow account for

pipeline repairs and improvements in the amount of $50,000. As a housekeeping

measure, and to carry out the agreement approved by the IHL Board last year, the

following requests by way of motion will be made of the Jefferson County Chancery

Court:

a. Modify the last applicable Court Order so that the escrow funds have a

minimum balance of $50,000.00;

b. Approve the withdrawal of funds over and above $50,000.00 to be

deposited into CNG’s administrative account; and

c. Approve the terms and conditions of the most recent ASU/CNG Contract.

There is no need for IHL Board action on this matter. It is merely an information update.


INFORMATION AGENDA


February 20, 2014

Page 1 of 2

1. SYSTEM – COMMISSIONER’S NOTIFICATION OF APPROVAL

The following items have been approved by the Commissioner on behalf of the Board

and are available for inspection in the Board Office.

a. DSU - In accordance with Board Policy 707.01 Land, Property, and Service

Contracts, “The Commissioner is authorized and empowered to approve non-oil,

gas and mineral leases in an amount equal to or less than $100,000.” On January

6, 2014, the Commissioner approved the request by Delta State University on

behalf of its School of Nursing (DSU) to enter into a lease with KBM

Investments, LLC (“Lessor”). This agreement is for the lease of approximately

3,000 square feet of space in Cleveland, Mississippi to establish the Healthy

Lifestyles Clinic. The space will be used to provide programs and/or services

related to improving the health of Bolivar County citizens. The lease term will

run for an initial six (6) month period. The parties may extend the agreement for

up to two twelve (12) month periods upon receipt of approval of the

Commissioner and provided adequate funding is available. DSU will pay $2,000

per month for the lease of the space plus an initial $1000 deposit. The total cost

for a three (3) year lease term is $65,000. In addition to rent costs, DSU will be

responsible for payment of utilities. This agreement is funded by the HRSA Delta

State Rural Development Network Grant Program. The Executive Office legal

staff have reviewed and approved the contract documents.

b. UMMC - In accordance with Board Policy 707.01 Land, Property, and Service



15, 2014, the Commissioner approved the request to enter into a lease agreement

with Vital Records Control of Mississippi (VRC). (As background, UMMC

currently leases space from VRC for off-site storage of hospital medical records.)

The agreement is for the lease of approximately 20,000 cubic feet of storage space

at VRC’s facility in Jackson, MS. The space will be used by various smaller

UMMC departments to store office and research records. In addition, VRC

services also include the indexing and archiving of records, retrieval and delivery

services, and expedited processing of requests. The proposed lease will be for a

one (1) year period, February 1, 2014 through January 31, 2015. UMMC will pay

$75,000 for the twelve (12) month term. The Executive Office legal staff have

reviewed and approved the contract documents.


INFORMATION AGENDA


February 20, 2014

Page 2 of 2

c. UMMC - In accordance with Board Policy 707.01 Land, Property, and Service



17, 2014, the Commissioner approved the request to enter into a lease agreement

with North Mississippi Medical Center, Inc. (NMMC). The agreement is for the

lease of clinical space in the East Tower of the North Mississippi Medical Center

in Tupelo, MS. The area will be used by specialized UMMC physicians for the

provision of pediatric subspecialty care to patients in this area of the State.

UMMC physicians will be on-site fourteen (14) days per month for patient

consultation and supervision. The lease will run for a three (3) year period,

commencing on or about January 15, 2014 through January 14, 2017. UMMC

will pay $23,520 annually for the lease of the space. The total cost for the lease

term is $70,560. NMMC, as Lessor, will provide utilities, and, maintenance for

the building, grounds and parking lot. The Executive Office legal staff have

reviewed and approved the contract documents.

d. USM - In accordance with Board Policy 701.06 Budget Escalations and

Revisions, all revisions to annual budgets which do not increase the total amount

of the budgets must be approved by the Commissioner prior to implementation

and subsequently reported to the Board. On January 6, 2014, the Commissioner

approved the revisions to the On Campus (Hattiesburg Campus) Budget, the Off

Campus (Gulf Coast Campus) Budget, Gulf Coast Research Lab Budget, and

Auxiliary Enterprises Budget for Fiscal year 2014. The Executive Office

financial staff have reviewed and approved these revisions. These budget

revisions contain no increases in total budget but rather reallocations among

individual expense categories. A copy of the revisions will be maintained in the

IHL Department of Finance and Administration for review.

e. SYSTEM – On January 22, 2014, the Commissioner reviewed and approved the

Quarterly Employment Reports which lists all hires and all separations for the

period beginning October 1, 2013 and ending December 31, 2013. These reports

are required by Board Policies 401.0102 Delegation of Authority and 801.09

Resignations. The Executive Office financial staff has reviewed and approved the

institutions’ second quarter submissions. A copy of these reports will be

maintained in the IHL Department of Finance and Administration.